In the past several years, the U.S. Department of Justice (DOJ) has been pursuing a variety of strategies to increase the number of corporate criminal prosecutions. As Assistant Attorney General Nicole Argentieri, chief of...more
On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law, revising Section 201 of Title 18 of the U.S. Code concerning bribery of government officials. This significant development...more
Last week at the 40th American Conference Institute (ACI) International Conference on the FCPA, government enforcement agencies such as the Department of Justice (DOJ), Securities and Exchange Commission (SEC), and UK Serious...more
You get a hotline report that a project coordinator in an emerging market that you recently entered was awarded their contract based on a falsified experience. You begin investigation Desktop review and remote interviews...more
An Indiana-based contract research organization for pharmaceutical testing is being investigated by the Securities and Exchange Commission (SEC) for potential violations of the Foreign Corrupt Practices Act (FCPA). The...more
Deputy Attorney General Lisa Monaco announces a new safe harbor policy for voluntary self-disclosures of acquired entities’ criminal misconduct. Although the new safe harbor provides clear timelines for disclosure, the costs...more
This month, the Department of Justice (DOJ) announced various policy changes meant to promote corporate compliance and update DOJ’s “Evaluation of Corporate Compliance Programs.” This article discusses two of these policy...more
The International Finance Corporation (IFC) has two very important missions when investing in developing countries: development and poverty reduction. These missions present unique opportunities for the IFC and its...more
Ignoring integrity risks in emerging markets when receiving financing from the World Bank Group (WBG) is about to become much riskier, as the WBG Sanctions System Annual Report for Fiscal Year 2022 (FY22) indicates. The...more
12/7/2022
/ Annual Reports ,
Bid Rigging ,
Collusion ,
Corruption ,
Enforcement Actions ,
Federal Contractors ,
Financial Fraud ,
Financial Institutions ,
Financing ,
Fraud ,
International Finance ,
Investigations ,
Private Sector ,
Project Finance ,
Risk-Based Approaches ,
Settlement ,
Suspensions & Debarments ,
World Bank
On September 15, 2022, Deputy Attorney General Lisa Monaco released a memorandum titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group,” known...more
The American Bar Association’s annual white collar crime conference is often a favorite place for the U.S. Department of Justice to announce new policies and programs, and this year’s meeting in San Francisco was no...more
On January 21, 2022, the Department of Justice (“DOJ”) issued a Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release (the “OPR” or “OPR 22-01”) addressing the rarely discussed extortion exception to the FCPA’s...more
On November 25th, the OECD Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions adopted a series of recommendations for member countries to implement, in an effort to curb...more
12/14/2021
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Compliance ,
Corruption ,
Foreign Corrupt Practices Act (FCPA) ,
Multinational Investigations ,
OECD ,
Popular ,
Public Officials ,
White Collar Crimes
On October 28, 2021, Deputy Attorney General (DAG) Lisa O. Monaco gave the keynote address at the ABA’s 36th National Institute on White Collar Crime and announced a series of changes in the Department of Justice’s (DOJ)...more
Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all...more
Aerospace, defense, and government services – tighter control ahead -
2020 was an eventful year for companies in the aerospace, defense, and government services (ADG) sector. The industry saw arguably the largest...more
On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued its fifth amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) related to COVID-19...more
With a new administration comes new policies and enforcement priorities. Today, as we kickoff our new series “2021 Enforcement Horizon,” we take notice of what has already been a very active administration, and we consider...more
The U.S. is one of the easiest jurisdictions in the world in which to do business1 . 1 Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much...more
In October, the World Bank Group (WBG) published its third Sanctions System Annual Report for Fiscal Year 2020 (FY20), which covers the period from 1 July 2019 to 30 June 2020. The report provides a detailed look at the...more
12/21/2020
/ Anti-Corruption ,
Cooperative Compliance Regime ,
Coronavirus/COVID-19 ,
Economic Sanctions ,
Financial Fraud ,
Infectious Diseases ,
Integrity Policies ,
Regulatory Violations ,
Suspensions & Debarments ,
White Collar Crimes ,
World Bank
This month’s analysis looks at individual prosecutions under the Foreign Corrupt Practices Act (FCPA). Prosecutions have markedly increased over the last five years, and this will better define local, regional, and...more
On Monday, the U.S. Department of Health and Human Services (HHS) issued a second amendment (the Amendment) to the March 10, 2020 Declaration under the Public Readiness and Emergency Preparedness (PREP) Act for Medical...more
On June 1, 2020, the U.S. Department of Justice (DOJ), Criminal Division, updated its guidance on the “Evaluation of Corporate Compliance Programs,” providing increased clarity on some of the key questions prosecutors will...more
Businesses across the United States have been battered by the COVID-19 crisis and many companies have been the recipients of unprecedented levels of economic assistance and tax relief under the Coronavirus Aid, Relief, and...more
On April 14, 2020, the Department of Health and Human Services (HHS) General Counsel issued an advisory opinion (“the Opinion”) on the March 10, 2020 Public Readiness and Emergency Preparedness Act (“PREP Act”) Declaration...more