FCPAméricas Blog
Reflections on Week of Compliance in Brazil
6.06.2018
This guest post was written by Tom Fox, known as the Compliance Evangelist. It has been cross-posted from the FCPA Compliance and Ethics Blog.
I have finished up my week in Brazil and I wanted to end this week’s Brazil focused blog posts with some final thoughts and observations on the country’s burgeoning compliance scene. It truly was a week of revelations for me. I started going to Brazil back in 2007 when I held my last corporate position to do Foreign Corrupt Practices Act (FCPA) internal investigations. My employer at the time was under a Deferred Prosecution Agreement (DPA) for FCPA violations and we were one of the very few companies who even had a com... Read more
Third-Party Due Diligence—Not Just a One Time Thing
4.11.2018
This post was authored by Leah Moushey, an Associate at Miller & Chevalier Chartered.
It is no secret that a company can be held liable under the FCPA for misconduct carried out by third parties. Indeed, the majority of corporate resolutions involve the participation of agents, consultants, distributors, lawyers, accountants, or other third-party intermediaries. Under the FCPA, companies can face liability for “willful blindness” or “conscious disregard” of red flags associated with third parties, even if no actual knowledge of misconduct ex... Read more
Peru Introduces Corporate Liability for Corruption Offenses with a Compliance Program Defense
4.02.2018
This article was originally published in Miller & Chevalier’s FCPA Winter Review 2018.
On January 1, 2018, Peruvian Law 30424 went into effect, introducing corporate liability for existing criminal offenses related to corruption, money laundering, and terrorist financing. The law was originally scheduled to take effect in July 2017, but Legislative Decree 1352, adopted on January 6, 2017, amended the orig... Read more
