On August 12, 2015, the U.S. Department of Justice (“DOJ”) announced that Vicente Eduardo Garcia, a former executive of the software and technology solutions company SAP International, pled guilty to criminal charges of conspiracy to violate the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Garcia also consented to a cease-and-desist order by the U.S. Securities and Exchange Commission (“SEC”), agreeing to pay US$92,395, representing the sum of the total amount of kickbacks he received in the scheme plus prejudgment interest of US$6,430. The SEC found that Mr. Garcia violated both the anti-bribery and internal controls provisions of the FCPA.
The Miami-based executive is a 65-year old former regional director of SAP who particip... Read more
This year, FCPA enforcement authorities have brought only eight resolved enforcement actions, the lowest mid-year total in a decade. Why the slowdown? Does it represent a fundamental shift in FCPA enforcement? Miller & Chevalier’s FCPA Summer Review 2015 suggests that the answer is no, and explains why.
The report cites an increase in the number of known declinations. These are instances in which the DOJ or SEC chose to close an FCPA investigation without pursuing enforcement regardless of the agency’s reason for doing so.
To date we have identified nine declinations in the first half of 2015, a tally that already approaches the total number of known declinations for 2014 and is ... Read more
Latin Americans are surprised to hear that the FCPA’s anti-bribery provisions address only foreign bribery – the payment of bribes to non-U.S. government officials. They often see the law as wrongly targeting foreigners, reflecting a lopsided approach to addressing corruption. To some, the FCPA demonstrates a U.S.-centric view of the world, suggesting that bribery is not a problem in the United States and is only an issue outside of its borders.
I have learned to address this viewpoint i... Read more