FCPA Professor LLC

Described as “the Wall Street Journal concerning all things FCPA-related,” and "the most authoritative source for those seeking to understand and apply the FCPA," FCPA Professor has been named a Top Law Blog for in-house counsel by Corporate Counsel, a Top 25 Business Law Blog by LexisNexis, and a top 100 Legal Blog by the American Bar Association. FCPA Professor readers include a world-wide audience of attorneys, business and compliance professionals, government agencies, scholars and students, journalists and other interested persons.

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The FCPA Institute Online is the most comprehensive online FCPA training course available and is a time and cost efficient way for in-house and outside counsel; compliance professionals; finance, accounting, and auditing professionals; business executives and others to elevate their FCPA knowledge and practical skills. The FCPA Institute Online consists of over 12 hours of narrated instruction from Professor Koehler (as well as availability to answer questions) and guides professionals through the following FCPA topics…
From time to time, I come across Foreign Corrupt Practices Act (or related) content that is outside the norm. This article analyzing Luke 3:12-14 and John the Baptist’s views on corruption certainly fits this description. Luke 3:12-14 states: “Even tax collectors came to be baptized. “Teacher,” they asked, “what should we do?” “Don’t collect any more than you are required to,” he told them. Then some soldiers asked him, “And what should we do?” He replied, “Don’t extort money and…
Tsakos Energy Navigation Limited (TEN Ltd) is a Bermuda incorporated, Greece Headquartered company which owns “a versatile fleet of modern crude and product tankers with strong ice-class capabilities, shuttle tankers and liquefied natural gas vessels.” TEN has shares listed on the New York Stock Exchange and is thus subject to the Foreign Corrupt Practices Act. The company recently disclosed “The vessels of our subsidiaries load and discharge cargoes in several countries throughout the world. In…
Around this time four years ago, some people were seemingly having a come apart because there was a lull in Foreign Corrupt Practices Act enforcement and this lull was “evidence” of [insert whatever gripe you had about the Trump administration and assume causation]. So here we are over four months into the Biden administration and there has not yet been a corporate FCPA enforcement action. So where are the come aparts? As highlighted below, there…
The recent Indianapolis FedEx facility shooting. The Sutherland Springs, Texas church massacre. The New York City bike path attack. The shooting at the Fort Lauderdale airport. The shooting at an Orlando nightclub. These shootings, and several other similar acts of violence, have little in common with alleged Foreign Corrupt Practices Act offenses. Except there is often a common thread in terms of the challenges of detection and more importantly prevention. According to media reports,…
As highlighted in this prior post, in late 2016 the DOJ and SEC brought a Foreign Corrupt Practices Act enforcement action against Odebrecht S.A. (a Brazilian holding company) and Braskem S.A. (a Brazil-based petrochemical company with shares traded on the NYSE in which Odebrecht owned a majority of voting shares). The conduct at issue was egregious and largely centered on a business unit, the Division of Structured Operations, housed within an Odebrecht subsidiary that allegedly…
Avantor Avantor is a chemicals and materials company headquartered in Pennsylvania. Recently, various Republican Senators sent this letter to DOJ and SEC leadership requesting an investigation into the company “for its apparent longstanding contribution to the opioid epidemic that killed 50,000 of our fellow citizens in 2019 ….”. Although the letter does not allege any bribery, it does reference the FCPA’s books and records and internal controls provisions and states in pertinent part: “Avantor’s conduct…
We are all prone to using vague and ambiguous terms or cliches or buzzwords at times. However, in my opinion, many in the compliance community seem to have developed a vocabulary all of their own that, at first blush, sounds sophisticated but in reality is merely gobbledygook masquerading as expertise. This recent post by a respected compliance practitioner is a good example. The main point of the relatively short post titled “A comprehensive anti-bribery policy is…
In early 2010, the SEC (see here) announced a series of measures “to further strengthen its enforcement program by encouraging greater cooperation from individuals and companies in the agency’s investigations and enforcement actions.” The SEC’s then Director of Enforcement called the measures “a potential game-changer for the Division of Enforcement.” Among the measures the SEC adopted was use of deferred prosecution agreements and non-prosecution agreements – resolution vehicles the SEC described as “tools [that] have been…
Remember when Acting Principal Deputy Assistant Attorney General Trevor McFadden stated that it was the DOJ’s “intent … for our FCPA investigations to be measured in months, not years.” This statement was made four years ago this week (see here for the prior post). However, like much DOJ rhetoric surrounding the FCPA, it was just empty words. As highlighted below, since the DOJ’s statement of intention it has resolved approximately 30 corporate enforcement actions and the…