On October 28, 2021, at the American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa O. Monaco announced revisions to the Department of Justice’s policies, all designed to strengthen...more
In the first half of 2020, the overall number of corporate enforcement actions dropped somewhat from recent years, with only six actions brought by the DOJ and SEC. The number of individual enforcement actions dropped as...more
7/6/2020
/ Anti-Corruption ,
Bribery ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
In 2019, the overall number of corporate enforcement actions was slightly higher than in 2018, with twenty-five actions brought, compared to twenty-four in 2018. The number of individuals charged, using our parameters,...more
Recent Trends And Patterns In FCPA Enforcement -
Although the DOJ and SEC brought a relatively low number of FCPA enforcement actions in the first half of 2019, an unusually large portion of those enforcement actions...more
7/5/2019
/ Anti-Bribery ,
Books & Records ,
CFTC ,
Compliance ,
Corporate Misconduct ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Audit Functions ,
Internal Controls ,
Internal Investigations ,
Non-Prosecution Agreements ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
White Collar Crimes
The January 2019 FCPA Digest is an invaluable compendium of all FCPA-related developments in 2018, including US foreign bribery proceedings and criminal prosecutions, DOJ foreign bribery civil actions, SEC actions, DOJ...more
1/3/2019
/ Bribery ,
Chief Compliance Officers ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Jurisdiction ,
Kokesh v SEC ,
Serious Fraud Office (SFO) ,
Settlement ,
Subsidiaries ,
UK ,
White Collar Crimes ,
Yates Memorandum
INTRODUCTION: RECENT TRENDS AND PATTERNS IN FCPA ENFORCEMENT -
Although FCPA enforcement across the 2018 calendar year seemed to ebb and flow, in retrospect the enforcement agencies brought a typical number of enforcement...more
1/3/2019
/ Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Statistics ,
Foreign Corrupt Practices Act (FCPA) ,
Jurisdiction ,
Kokesh v SEC ,
Legal Advice Privilege ,
Serious Fraud Office (SFO) ,
Settlement ,
Strategic Enforcement Plan ,
UK ,
Yates Memorandum
Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more
7/11/2018
/ Compliance ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Jurisdiction ,
Kokesh v SEC ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Settlement ,
UK ,
Voluntary Disclosure
Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more
1/3/2018
/ Bribery ,
Compliance ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Statistics ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Settlement ,
White Collar Crimes
Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more
7/6/2017
/ Chief Compliance Officers ,
Compliance ,
Corporate Counsel ,
Deferred Prosecution Agreements ,
Disgorgement ,
Enforcement Actions ,
Enforcement Statistics ,
Foreign Corrupt Practices Act (FCPA) ,
Jurisdiction ,
Litigation Privilege ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Statute of Limitations ,
Trump Administration ,
UK
On January 4, 2017, President-elect Trump announced that he intended to nominate Jay Clayton, a Mergers & Acquisitions partner at Sullivan & Cromwell LLP, to succeed Mary Jo White as Chair of the SEC. According to his firm...more
Shearman & Sterling’s bi-annual Trends & Patterns in FCPA Enforcement report provides insightful analysis of recent enforcement trends and patterns in the US, the UK and elsewhere, as well as helpful guidance on emerging best...more
1/4/2017
/ AstraZeneca ,
Bribery ,
Compliance ,
Corporate Counsel ,
Declination ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
GlaxoSmithKline ,
Internal Controls ,
JPMorgan Chase ,
Novartis ,
Nu Skin ,
Odebrecht ,
Popular ,
Qualcomm ,
Securities and Exchange Commission (SEC) ,
Teva Pharmaceuticals ,
Voluntary Disclosure ,
Whistleblowers ,
Yates Memorandum
Shearman & Sterling’s bi-annual Trends & Patterns report provides insightful analysis of recent enforcement trends and patterns in the US, the UK, and elsewhere as well as helpful guidance on emerging best practices in FCPA...more
7/5/2016
/ Books & Records ,
Chief Compliance Officers ,
Compliance ,
Declination ,
Deferred Prosecution Agreements ,
Enforcement Statistics ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Controls ,
Non-Prosecution Agreements ,
Settlement Agreements ,
Strategic Enforcement Plan ,
Subsidiaries ,
UK Bribery Act
On April 5, 2016, the United States Department of Justice, Criminal Division, Fraud Section launched a one-year Pilot Program that invites companies to self-report potential violations of the Foreign Corrupt Practices Act...more
The FCPA Digest provides and an invaluable compendium of all Foreign Corrupt Practices Act (FCPA) enforcement actions and private actions including US foreign bribery proceedings including criminal prosecutions, DOJ foreign...more
1/5/2016
/ Bank of New York (BNY) Mellon ,
BHP Billiton ,
Bristol-Myers Squibb ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Goodyear ,
Hitachi ,
PBSJ Corporation ,
PetroTiger ,
Securities and Exchange Commission (SEC)
Recently, governmental authorities have pursued corruption investigations in Latin America with a vigor traditionally not seen. One potential result is a significant disruption of business. While there are inherent risks in...more
8/12/2015
/ Chief Compliance Officers ,
Complex Corporate Transactions ,
Compliance ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Joint Venture ,
Latin America ,
Lockheed Martin ,
Nokia ,
Risk Assessment ,
Risk Mitigation ,
Siemens
Recent enforcement actions by the Department of Justice and Securities and Exchange Commission have raised the profile of corruption in international sport and highlight unique FCPA compliance concerns. This note will explain...more
6/15/2015
/ BHP Billiton ,
Bribery ,
Compliance ,
Corporate Counsel ,
Corruption ,
Department of Justice (DOJ) ,
Football ,
Foreign Corrupt Practices Act (FCPA) ,
Indictments ,
Match Fixing ,
Olympics ,
Popular ,
Securities and Exchange Commission (SEC) ,
Soccer ,
Sports ,
World Cup
In this memo:
- Enforcement Actions and Strategies
- Perennial Statutory Issues
- Compliance Guidance
- Unusual Developments
- Private Litigation
- Enforcement in the United...more
1/8/2015
/ Administrative Hearings ,
Alcoa ,
Alstom ,
Avon ,
Bio-Rad Laboratories ,
Bruker ,
Dallas Airmotive ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FOIA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Foreign Subsidiaries ,
Layne Christensen Co ,
Securities and Exchange Commission (SEC) ,
Smith & Wesson ,
Whistleblower Awards
In this issue:
- Recent Trends and Patterns in FCPA Enforcement
- Foreign Bribery Criminal Prosecution Under the FCPA
- Foreign Bribery Civil Actions Instituted by the Department of Justice under the...more
Improper Gifts Alone, Without Cash Bribes, Serve as Basis for SEC’s Latest FCPA Enforcement Action -
Earlier this week, the SEC announced fines for two former defense contractor employees for FCPA violations relating...more
Last week the SEC settled charges against Layne Christensen for various violations of the FCPA. While a relatively unremarkable case at first glance, the SEC’s charges against Layne Christensen reflect a troubling approach by...more
In this issue:
- Recent Trends and Patterns in FCPA Enforcement
- Recent Trends and Patterns in FCPA Enforcement Enforcement
- Actions and Strategies
- Statistics
- Types of Settlements...more
Earlier today, the Office of the Comptroller General in Brazil, Controladoria-Geral da União (“CGU”), issued a sweeping directive barring government officials from accepting offers to attend or participate in the upcoming...more
In this issue:
- Enforcement Actions and Strategies
- Perennial Statutory Issues
- Unusual Developments
- Compliance Guidance
- Private Litigation
- Enforcement in the United...more