Third Party Red Flags and Latin America
Looking back at FCPA enforcement actions in 2011 that involved Latin America, all but one included risk created “indirectly” by third parties. And that one, Tyson Foods, involved payments to spouses of...
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An FCPAméricas Status Update
Tomorrow marks the five-month anniversary of the launch of the FCPAméricas Blog. Remember the first post on October 3, 2011? Is the FCPA Working? Three Dispatches from Latin America. Now, almost 40...
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The Ideal Compliance Team
I have previously written about The School for Ethics and Global Leadership (SEGL) in Washington, DC, a high school semester boarding program that I co-founded in 2009 whose mission is to prepare our...
View ArticleThe Biomet Case: Lessons from the latest FCPA settlement involving Latin America
Earlier this week, a former colleague and skilled attorney, Lisa Prager, offered thoughts on compliance priorities in her article for Forbes entitled, “FCPA Compliance: Don’t Blow Your Budget Just...
View ArticleWal-Mart’s Bribery in Mexico (Part 2: Insights into Specific Corruption Risks)
A lot has been discussed about Wal-Mart over the last three days since the New York Times’ bribery story broke. FCPAméricas offered its initial thoughts in Part 1 of this series. The story will no...
View ArticleThree Perspectives on M&A FCPA Due Diligence
A general counsel of a private equity firm recently told me that it is helpful for him to consider FCPA compliance issues through the lenses of the various actors involved. In that spirit, FCPAméricas...
View ArticleWhy Tyco Got Off Easy
We do not know for sure why Tyco received only a non-prosecution agreement (NPA) instead of a deferred prosecution agreement (DPA), or how it avoided a monitor. But the treatment is notable. Even the...
View ArticleThe FCPA, Iran Sanctions, and Compliance Convergence
My friends Howard Sklar and Tom Fox are fond of talking about “compliance convergence.” The idea is that, in an age where compliance expectations are created by a wide range of legal regimes –...
View ArticleLatin America’s Top FCPA Enforcement Activity in 2012
FCPA enforcement in the past year left no doubt that Latin America, especially the dynamic economies of countries like Brazil and Mexico, continues to present considerable corruption risks to the...
View ArticleColombia Now Subject to OECD Anti-Bribery Working Group Review (and what this...
Colombia joined the OECD Anti-Bribery Convention on January 19, 2013. This should have significant effects on the country. Just ask Mexico, Brazil, the UK, and Canada. These countries, and others, have...
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