FCPAméricas Blog
Archive for Accounting Provisions category:
Move Over “Foreign Official”: There’s a More Important FCPA Debate
2.06.2015
A lot has been written about the definition of government “instrumentality” under the FCPA. That definition is important because it helps define the scope of the term “foreign official” for purposes of foreign bribery offenses. The May 2014 ruling by the U.S. Court of Appeals for the Eleventh Circuit in United States v. Esquenazi helped […]
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Views from FCPA Enforcement’s Latin American Specialists
11.26.2014
More than any other FCPA enforcement office in the United States, Miami’s DOJ and SEC teams have developed a specialization in Latin America. They work cases like Alcatel, Stryker, Ralph Lauren, and Direct Access Partners, each with an important Latin American component. They benefit from language capabilities in Spanish, Portuguese, and French, allowing them to […]
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The Ten Most Important FCPA Internal Controls (Part 2: Other Processes)
4.18.2014
Certain company processes might not constitute traditional notions of “internal controls,” but FCPA enforcement officials have taken the position that a wide range of activities is covered by the term. For example, in Orthofix, the SEC found that the company failed to maintain adequate internal controls when the company’s FCPA compliance policy and FCPA-related training […]
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The Ten Most Important FCPA Internal Controls (Part 1: Accounting Controls)
4.15.2014
Under the FCPA, companies can be punished not only for the wrongful things they do, like paying bribes. They can also be punished for certain things they don’t do. In particular, the FCPA’s accounting provisions require companies to have internal controls in place. When companies do not have certain protections like appropriate accounting systems and […]
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Key Aspects of the FCPA Accounting Provisions
3.05.2014
The FCPA has two main provisions: (i) the anti-bribery provisions; and (ii) the books and records and internal control provisions. The second group is commonly referred to as the “accounting provisions.” (FCPAméricas provides a description of the basics of the FCPA in English, Spanish, and Portuguese.) When people talk about the FCPA, however, what usually […]