FCPAméricas Blog

More Wisdom from Tom Fox

Author: Matteson Ellis

At last week’s World Compliance FCPA Summit 2011 in Houston, TX, U.S. FCPA compliance attorney Tom Fox offered important points of wisdom.

“Document, Document, Document.”

The bedrock components of an adequate FCPA compliance program are well known. Every deferred prosecution agreement since Panalpina has included an Attachment C outlining basic requirements (see, e.g., Attachment C of Panalpina DPA). Tom Fox instructs how, in addition, it is equally important for a company to record its steps of compliance. His three most important words for FCPA compliance are “Document,” “Document,” and “Document.” While some attorneys are inclined to retain as little documentation on file as possible believing that it will reduce potential liabilities, Mr. Fox stresses that the opposite is true under the FCPA. If an issue happens to arise, the company will want to show regulators each step of the compliance process. “If the evidence does not appear before enforcement officials’ eyes, then, to them, it does not exist,” Mr. Fox says. So, for example, when retaining third parties, the compan... Read more

Considering Reputational Risks in Brazil: A Growing Spotlight

Author: Gavin Parrish

Guest Blog Post Today FCPAméricas features author Gavin Parrish, a Practice Leader for Compliance and Fraud at Control Risks. He was previously an attorney in New York and São Paulo. Mr. Parrish can be reached at gavin.parrish@control-risks.com.

In previous posts, Matt has eloquently summarized some of the key operating and compliance challenges in Brazil, here and here. He has graciously invited me to share some additional thoughts on the reputational challenges that surface for our clients operating in Brazil.

Within the community of Brazilian lawyers involved in international transactions, the disclosure l... Read more

Assessing the Assessments: Using the TI Corruption Perceptions Index and other corruption risk metrics

Author: Juanita Riaño

Guest Blog Post – Today FCPAméricas features author Juanita Riaño, an Integrity Officer at the Inter-American Development Bank and former Manager of the program “Global Tools to Measure Corruption” in the Transparency International-Secretariat. The opinions expressed in this blog post are entirely those of the author and do not reflect the position of the Inter American Development Bank.

Matt Ellis posted here last week that “enforcement officials and ‘best practice’ descriptions stress that adequate anti-corruption compliance programs [should be] based in sound corruption risk assessments.”

This is easier said than done. The truth is, there is no silver bullet to assess corruption risks. Measuring corruption is tricky because corruption is clandestine in nature: how can we expect to accurately assess the magnitude of a transaction that takes place under the table, in a brown envelope, or through a series of bank transfers around the globe?

The good news is that there has been tremendous progress in the development of integrity risk indicators. In ... Read more


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