Category Archives: FCPA

NYC Breakfast Panel Tomorrow: Managing International Fraud Investigations

The Japan Society and Catalyst are presenting a free breakfast panel tomorrow, Oct. 23, Global Fraud — Managing International Investigations. The panel features two Gibson, Dunn & Crutcher partners, Joel M. Cohen and Lee G. Dunst, together with John Tredennick, Catalyst’s CEO, discussing the heightened global enforcement enforcement of anti-corruption laws, including the FCPA and the U.K. Bribery Act.

Here is the program description: Continue reading

With FCPA Actions on the Rise, Search Takes Center Stage

Corporate Counsel magazine recently issued a report that should cause multi-national corporations and their counsel to pay attention: Trend Watch: Foreign Bribery Actions Doubled Last Year.

Specifically, the magazine reported that enforcement actions under the Foreign Corrupt Practices Act (“FCPA”) nearly doubled in 2010, rising to 76 (with complaints against 23 companies and 53 individuals). In 2009, the SEC and Justice Department brought 45 actions (against 12 corporations and 33 individuals). That number was a significant jump again from 2008 when the government brought 37 actions against companies and individuals. Continue reading

Is Your Company Ready for the UK Bribery Act?

For U.S. corporations already wary of the Foreign Corrupt Practices Act, they will soon have an even-stricter law to contend with. In April, the UK’s new Bribery Act takes effect. Some lawyers are saying it is the toughest anti-corruption act in the world. And it applies to any corporation that conducts any business in the UK, regardless of where it is incorporated.

“The UK will reinforce its reputation as one of the least corrupt countries in the world, when the Bribery Act comes into force in April 2011,” says a Ministry of Justice announcement. “The Act will ensure the UK is at the forefront of the battle against bribery and pave the way for fairer practice by encouraging businesses to adopt anti-bribery safeguards.”

The act will create a new corporate offense of failure to prevent bribery by persons working on its behalf. Companies can avoid conviction if they can show that they have adequate procedures in place to prevent bribery.

It will also make it a criminal offence for anyone to give, promise or offer a bribe and to request, agree to receive or accept at bribe, either within the UK or in a foreign country. The measure covers bribery of a foreign official.

There is no limit on the fine that can be imposed on those who violate the act. Violators also are subject to up to 10 years of imprisonment.

Continue reading

DOJ’s Breuer Vows Heightened FCPA Enforcement

By on . Posted in FCPA

Catalyst’s recently published white paper on e-discovery in FCPA cases could not have been more timely, it seems. Today, Assistant U.S. Attorney General Lanny A. Breuer delivered a speech in which he promised that the Department of Justice will continue to step-up enforcement of the FCPA and to “prosecute aggressively” financial fraud and corruption in all its forms.

The DOJ is currently in the process of adding attorneys to its criminal division, Breuer said, where they “will be deployed immediately to prosecute crimes like securities fraud, health care fraud, and foreign bribery under the Foreign Corrupt Practices Act.” Not only is the federal government marshaling more resources, he continued, “we are also making use of more aggressive law enforcement techniques” to weed out FCPA violations, including undercover investigators and court-authorized wiretaps.

The DOJ is also taking steps to improve cooperation and coordination in FCPA cases with the Securities and Exchange Commission and with its foreign-government counterparts, he said. Continue reading

White Paper Offers Tips on E-Discovery in FCPA Cases

Few cases present greater e-discovery challenges than those under the Foreign Corrupt Practices Act. By definition, an FCPA case is virtually certain to involve electronically stored information in multiple languages, making it more difficult to process and search. Adding to the difficult, the quantity of ESI is likely to be huge–multiple terabytes in some cases. And the data is apt to be housed under multiple custodians across any number of global locations and in any variety of formats.

A just-published white paper from Catalyst, Navigating ESI Challenges in an FCPA Investigation, offers guidance on how to address these issues. It is written by Jim Eidelman and Chris Toomey of Catalyst Consulting and me.