FCPAméricas Blog

Archive for Due Diligence category:

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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Chronicle of a Bribe Foretold: ADM in Venezuela

A gripping cautionary tale is hidden in the Statement of Facts attached to the Archer Daniels Midland (ADM) non-prosecution agreement (NPA). The NPA, which ADM signed with the DOJ last December, related in part to FCPA violations in Venezuela, as well as Ukraine. The total FCPA settlement amount was $54.3 million. In summarizing the underlying […]

Author: Matthew Fowler

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The Master List of Third Party Corruption Red Flags

Under the FCPA, companies and individuals can be liable for the bribes that their agents, consultants, sales representatives, distributors, lawyers, accountants, brokers, and other third party intermediaries make to foreign officials on their behalf. Specifically, the FCPA applies to “indirect” payments as well as “direct” ones. To mitigate this risk, companies are expected to conduct […]

Author: Matteson Ellis

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What FCPA Enforcement is Thinking in 2013

What is the current thinking of FCPA enforcement officials at the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC)? At ACI’s 30th International Conference on the FCPA this year, two top officials provided insights (they clarified that their statements reflected their own views and not the views of their respective agencies). […]

Author: Matteson Ellis

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Managing Pushback to Third Party FCPA Due Diligence in Latin America

Classic military strategist Helmuth von Moltke the Elder said, “No plan survives contact with the enemy.” In addition to its application on the battlefield, this lesson is good to keep in mind during anti-corruption due diligence as well. Outside counsel recommend that companies conduct due diligence on third parties (as discussed by FCPAméricas here). But […]

Author: Matteson Ellis

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