Thursday, May 28, 2020

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Five Lessons for Third-Party Distributor Risk Management from Microsoft FCPA Settlement (Part III of...

The Microsoft FCPA settlement, while not significant in the total penalty of approximately $25 million, provides some important instructions concerning distributor and re-seller risks and mitigation strategies. Michael Volkov identifies five important lessons learned from Microsoft’s failures in justifying discounts, conducting due diligence, recognizing red flags, inquiring about third parties brought into transactions, and monitoring […]
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Juniper FCPA Enforcement a Joke

Juniper Networks has agreed to pay the SEC approximately $11.7 million to resolve FCPA scrutiny which apparently began in 2013. Mike Koehler writes that, based on the conduct alleged in the enforcement action – which he argues is “beyond any conceivable statute of limitations,” as well as actual FCPA legal authority – the enforcement action […]
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Wisconsin Marketing Firm Pays $10 Million to Resolve FCPA Offenses

Marking company Quad/Graphics Inc. of Wisconsin has agreed to pay the SEC nearly $10 million to settle violations of the Foreign Corrupt Practices Act for long-running bribery schemes and cover-ups in Peru and China. That includes disgorgement of $6.9 million, prejudgment interest of about $960,000, and a civil penalty of $2 million. Quad/Graphics was also […]
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FCPA Defendant, Whose Conspiracy Precipitated a Corporate Takeover, Must Pay Restitution to Shareholders of...

Over the objections of the Department of Justice, the district court for the Eastern District of New York ruled that shareholders of a company...

Will COVID-19 “Crony Charities” Trigger the Next Wave of FCPA Fumbles?

There are reports that businesses and individuals in some countries are under pressure to donate to COVID-19 relief charities that have close ties to government officials, such as Kazakhstan’s deputy prime minister and Uzbekistan’s president. Richard L. Cassin warns that these may be just the first instances, and notes that two of last year’s biggest […]
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Pop Quiz: Who Controls Criminal FCPA Investigations and Prosecutions?

Richard L. Cassin notes that “among the weird facts about the FCPA” is that a DOJ policy published in 2013 reserves all decisions about bringing such cases to the Criminal Division: the top brass at DOJ in DC, headed by the Assistant Attorney General. This applies not only to prosecutions but to FCPA-related investigations, however […]
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Microsoft FCPA Settlement Underscores Third-Party Risks (Part II of III)

Microsoft’s bribery and controls violations reflect significant risks facing companies that rely on distributor and reseller networks to sell their products. Companies often enter and operate in emerging markets through complex networks of third parties. Such distribution systems create significant anti-corruption risks that have to be managed and mitigated. Read the full post at Volkov […]
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FCPA Needs Demand-Side Language

Mike Koehler argues that the proposed Foreign Extortion Prevention Act would lead to several areas of incongruity between “bribe” payor liability (what the FCPA captures) and “bribe” demander liability (what the FEPA seeks to capture). He argues that, instead of passing this legislation, if Congress determines that a demand-side prohibition of bribery is needed, it […]
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Second Circuit Affirms FCPA Conviction of Ng Lap Seng and Rejects Application of Supreme...

The Second Circuit has rejected Ng Lap Seng’s appeal of his 2017 conviction for bribery of UN officials. It ruled that the Supreme Court’s...

Top 10 International Anti-Corruption Developments for February 2020

In order to provide an overview for busy in-house counsel and compliance professionals, Morrison Foerster summarizes some of the most important international anti-corruption developments...
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