FCPAméricas Blog

Archive for Due Diligence category:

How CCOs Can Use the OECD Foreign Bribery Report

Last month, the OECD published its first Foreign Bribery Report, measuring transnational corruption based on data from the 427 foreign bribery cases that have been investigated, prosecuted, and concluded since the entry into force of the OECD Anti-Bribery Convention in 1999. In a panel discussion on December 10th, 2014, hosted by the OECD, International Bar […]

Author: Matteson Ellis

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FCPA Myths and Misconceptions, Debunked (Part 1: Compliance)

When it comes to FCPA compliance and enforcement, myths and misconceptions abound. I’m not surprised to hear them from foreign business people with limited exposure to the FCPA. I am more concerned when I hear them in boardrooms, from the very executives most often exposed to individual liability under the law. These myths sometimes reflect […]

Author: Matteson Ellis

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Five Ways that Concentration of Wealth and Power Affects Corruption Risk in Latin America

The following post is a modified excerpt from TRACE’s recently published 2014 How To Pay a Bribe book, available here for purchase. Latin America is known as one of the most economically unequal regions of the world. By 2010, according to United Nations Development Program data, the region had 18 of the 25 countries in […]

Author: Matteson Ellis

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The Ten Most Important FCPA Internal Controls (Part 2: Other Processes)

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 […]

Author: Matteson Ellis

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How Can I Control My Third Parties?

Anti-corruption compliance is an increasingly important topic in Latin America, and companies in the region are starting to ask the question – how can I control my third parties? Sometimes, for FCPA practitioners, it is good to go back to basics. Under the FCPA, liability can be created when companies or their officials make payments […]

Author: Matteson Ellis

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