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FCPA Blog Daily News

Entries in FCPA Guidance (70)

Monday
Sep252017

Andy Spalding: A plea to the DOJ -- bring back pre-existing compliance

At a recent conference, I had the good fortune of asking a former high-ranking DOJ official, “how is it that pre-existing compliance is no part of the Pilot Program’s penalty reductions and declinations?”

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Monday
Sep182017

Andy Spalding: The Pilot Program’s missing piece

I’ve argued in prior posts that above all else, the Pilot Program is our FCPA declination policy. We’ve been asking for this now for years, and thus it is an important step. But still, something is missing. Let’s figure that out.

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Tuesday
Sep052017

Worth MacMurray: A front end ISO 37001 certification audit sure beats a back end DOJ investigation

Is my anti-corruption program effective or not effective? In the United States, companies only receive the definitive answer to that question in worst case scenarios -- at the back end of a governmental program evaluation, typically while under FCPA scrutiny by the DOJ.

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Thursday
Aug102017

Jampol and Aibel: DOJ targets healthcare with FCPA enforcement

The acting chief of the DOJ's Criminal Fraud Section announced a new partnership last month between the DOJ’s Healthcare Fraud Unit’s Corporate Strike Force and Foreign Corrupt Practices Act prosecutors.

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Thursday
May042017

Karen E. Gray: A plan for risk-based monitoring is essential

The award-winning films "Spotlight" and "All the President’s Men" both chronicled investigative journalism that uncovered huge scandals. But in re-watching those movies, I've noticed something else they have in common -- journalists who kept following the bread crumbs.

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Wednesday
Apr052017

Azish Filabi: Is your legal department creating organizational risk?

At the 2017 Global Ethics Summit, put on by the Ethisphere Institute, Caroline Rees of SHIFT spoke on a panel about business and human rights.

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Tuesday
Feb282017

Michele Edwards: Data analysis underlies new DOJ guidance

The Justice Department's “Evaluation of Corporate Compliance Programs” outlines 11 topics and 119 questions that the Fraud Section commonly considers when evaluating corporate compliance programs in the wake of criminal misconduct.

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Thursday
Feb232017

Tom Fox: Compliance in the Age of Mercantilism

What does the failure of the Kraft Heinz attempted hostile takeover of Unilever portend for the greater world of global anti-corruption enforcement specifically and compliance programs more generally?

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Monday
Oct172016

ISO 37001 is here. Will It Work?

On October 14, after four years of work involving the active participation of experts from 37 countries, the International Organization for Standardization issued ISO 3700, its standard for anti-bribery management systems.

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Tuesday
Apr262016

Paul Pelletier on the Search for Mr. Goodboss: Who Should be the Next FCPA Chief?

The recent announcement that DOJ is taking applications for the newly vacated FCPA Chief position provides a timely opportunity to reflect on the history, growth and direction of the Unit as well as a chance to consider the unique game-changing possibilities that await an accomplished selectee.

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Monday
Apr182016

Worth MacMurray: The DOJ is emphasizing a ‘culture of compliance’

Leslie R. Caldwell, Assistant Attorney General for the Criminal DivisionThe DOJ’s FCPA Guidance and Enforcement Plan places significant emphasis on organizational culture. The section describing “an effective compliance and ethics program” includes “whether the company has established a culture of compliance, including an awareness among employees that any criminal conduct, including the conduct underlying the investigation, will not be tolerated.”

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Tuesday
Apr122016

Bill Steinman: Let's talk about per diems, without the shouting

Per diems. We in the FCPA bar love to hate them, and with good reason. Who likes the idea of giving cash to foreign officials? If there’s anything that should rankle the anti-corruption specialist, this is it. 

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