The Fraud Section of the U.S. Department of Justice (“DOJ”) has retained Hui Chen as its full-time, resident Compliance Counsel. Ms. Chen has a significant background in compliance at various multinational companies. The retention of Ms. Chen and accompanying commentary from leadership of the DOJ’s Criminal Division last week highlight the U.S. government’s distinct expectations with respect to compliance. This development also sends a clear message about how important the DOJ considers compliance in the resolution of enforcement matters and how closely a company’s program will be scrutinized during that process.

On April 8, 2015 the SEC announced a $9.5 Million FCPA settlement with Oregon-based, infrared imaging company FLIR Systems Inc. The settlement concerned FLIR employees’ conduct in the Middle East, specifically that FLIR paid for what an employee termed a “world tour” of personal travel for government officials who played…

On March 30, 2015 the US Federal Bureau of Investigations (FBI) announced that it was establishing three dedicated International Corruption Squads, based in New York, Washington D.C., and Los Angeles. These Squads, comprising FBI agents, analysts, and other professional staff, will be responsible for investigating violations of the U.S. Foreign…

Recent U.S. Securities and Exchange Commission (“SEC”) enforcement actions and related commentary from Commission leadership demonstrate the SEC’s intent to penalize companies paying commercial bribes for violations of the accounting provisions of the U.S. Foreign Corrupt Practices Act (“FCPA”). This trend belies a commonly held misconception that the FCPA pertains…

Prosecutors and regulatory agencies in the U.S. and elsewhere have long set expectations that, in order to maximize the prospect of receiving full cooperation credit (including any associated reduction in monetary penalties), the voluntary disclosure of corporate and/or individual wrongdoing must be made timely, genuinely, and in good faith. Several…

From January 1, 2015 UK extractive companies will be required to make annual disclosures to the UK Government of sums that they have paid to governments anywhere in the world. On December 1, 2014 the UK Reports on Payments to Government Regulations came into force (the “Regulations”). The Regulations implement…

For some time, a number of U.K. prosecutors, politicians, academics and others have advocated for the introduction of a specific corporate criminal offence in the U.K., for companies that fail to prevent fraud, money laundering or other economic crimes perpetrated by employees or other third parties on their behalf. David…

The U.K. Bribery Act came into force in July 2011. At that time, the Act was heralded as a key part of a new global wave of robust anti-corruption legislation with the promise of a marked increase in enforcement. In the three years that have followed, there has neither been…

18 June 2014 – On Monday, June 16, 2014 the U.S. Securities and Exchange Commission (SEC) brought its first charge under anti-retaliation provisions introduced following the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. The rules protect whistleblowers who report potential securities law violations to the agency. The case…

23 May 1014 – On May 16, 2014 the U.S. Court of Appeals for the Eleventh Circuit handed down its eagerly anticipated decision in the case of U.S. v. Esquenazi. The case is of particular interest because of its consideration of the definition of a state “instrumentality” under the U.S.…