FCPAméricas Blog
Corporations on the Hook in Latin America
12.12.2013
A common feature of Latin American legal systems is that they grant authorities a limited ability to sanction corporations. If you are a corporation, this may sound like good news. But as the OECD’s Director of Legal Affairs Nicola Bonucci said at an ABA event in Washington, D.C. recently, it creates a “big loophole” in the anti-corruption enforcement efforts of Latin American governments. For companies subject to the FCPA and interested in a level playing field abroad, this loophole is not good news.
At the same time, legal changes taken by several Latin American countries to close this lo... Read more
Voluntary Disclosures, through the Eyes of FCPA Enforcement
12.10.2013
When James Cole, Deputy Attorney General of the United States, gave his keynote address at ACI’s 30th International Conference on the FCPA, he dedicated an inordinate amount of time to the issue of self-disclosures of FCPA violations. “We at the Department are committed to demonstrating the benefits to your working cooperatively with us,” he said. “”We want to work with you and we will continue our efforts to provide tangible benefits to reward you for doing so.”
It is true. With self-disclosures often comes more lenient treatment by authorities, including benefits like declinations, penalties below wha... Read more
What FCPA Enforcement is Thinking in 2013
12.06.2013
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).
FCPAméricas has published each year a similar post to this one based on past ACI presentations – see the 2011 post and 2012 post. This year, the DOJ’s Deputy Chief of the FCPA Unit Charles Duross, and the SEC’s Chief of the FCPA Unit Kara Brockmeye... Read more
