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Author: Mike Koehler Publisher: Edward Elgar Publishing ISBN: 1781954410 Category : Business & Economics Languages : en Pages : 417
Book Description
Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the Šworld�s most ethical FCPA violators,� Šthe faˆade of
Author: Mike Koehler Publisher: Edward Elgar Publishing ISBN: 1781954410 Category : Business & Economics Languages : en Pages : 417
Book Description
Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the Šworld�s most ethical FCPA violators,� Šthe faˆade of
Author: Mike Koehler Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In 2010, Justice Department Assistant Attorney General Lanny Breuer proclaimed “a new era of FCPA enforcement; and we are here to stay.” This new era has already witnessed several developments worthy of discussion and examination. In Part I of this article, I agree that a new era of Foreign Corrupt Practices Act (“FCPA”) enforcement has indeed arrived; and I demonstrate, using 2010 FCPA enforcement actions and related developments, how big FCPA enforcement has become. That a new era of FCPA enforcement has arrived, begs the question however of why it has arrived given that the FCPA itself has not changed since 1998. I demonstrate that much of the largeness of FCPA enforcement in 2010 was the result of bold enforcement theories that seemingly conflict with congressional intent in enacting the FCPA. Part I of this article also demonstrates that FCPA enforcement in 2010 was more than just big and bold: it was also bizarre. Among other things, FCPA enforcement suffers from several inherent contradictions; and despite lofty anti-bribery rhetoric from the enforcement agencies, bribery and corruption is tolerated by certain companies in certain industries and for other strategic reasons. Against the backdrop of a big, bold, and bizarre year in FCPA enforcement, Part II of this article highlights how 2010 was also defined by increased scrutiny of the FCPA itself and FCPA enforcement by the judiciary, Congress, the FCPA bar, and international monitor groups. This scrutiny crested in November 2010 when a Senate committee held oversight hearings on the FCPA, during which certain Senators also expressed concerns regarding the FCPA's new era and a desire to reform the FCPA. Part III of this article highlights 2010 developments related to the FCPA and FCPA enforcement, such as debarment issues and passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This article concludes with Part IV, a look at the road ahead, as this new era of enforcement begins.
Author: Aaron G. Murphy Publisher: John Wiley & Sons ISBN: 047093963X Category : Business & Economics Languages : en Pages : 221
Book Description
A thoroughly pragmatic guide to the U.S. Foreign Corrupt Practices Act (FCPA) This is a critical FCPA training resource for executives, managers, sales, marketing, finance and accounting personnel, as well as high level professionals. The ideal resource for any business that takes FCPA compliance seriously and truly desires to foster a deep understanding of real-world corruption issues in their employees A great resource for business school courses on international business or business ethics and anyone interested in understanding these issues for their own professional growth Includes in-depth analysis of all major FCPA risk areas, including discussions of how FCPA issues arise in real-world business situations Covers all aspects of bribery and FCPA compliance issues to ensure that your business is not exposing itself to financial scandal or criminal prosecution FCPA compliance is mandatory for nearly all international businesses operating in today's global economy. This book serves as the perfect training tool to mitigate your organization's risk to FCPA violations, which is one of the top enforcement priorities for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Crime and Drugs Publisher: ISBN: Category : Bribery Languages : en Pages : 112
Author: Mike Koehler Publisher: Edward Elgar Publishing ISBN: 1788114930 Category : Business & Economics Languages : en Pages : 384
Book Description
In the minds of some, complying with the US Foreign Corrupt Practices Act and related laws such as the UK Bribery Act is easy: 'you just don't bribe'. The reality, as sophisticated professionals know, is not so simple. This book is for professionals across various disciplines who recognize the difficulties of compliance and want to learn strategies for minimizing risk under aggressively enforced corporate bribery laws. The book uses issue-spotting scenarios to present risk and guides professionals through various components of compliance best practices from the fundamentals of conducting a risk assessment and effectively communicating compliance expectations, to implementing and overseeing compliance strategies.
Author: Mike Koehler Publisher: ISBN: Category : Languages : en Pages : 61
Book Description
An obvious reason to comply with the Foreign Corrupt Practices Act ("FCPA") is that non-compliance can expose a company to a criminal or civil FCPA enforcement action by the Department of Justice ("DOJ") and/or the Securities and Exchange Commission ("SEC'). However, this Article highlights that settlement amounts in an actual FCPA enforcement action are often only a relatively minor component of the overall financial consequences that can result from FCPA scrutiny or enforcement in this new era.By coining a new term of art - the "three buckets" of FCPA financial exposure - and through various case studies and examples, this Article demonstrates how FCPA scrutiny and enforcement can impact a company's business operations and strategy in a variety of ways from: pre and post-enforcement action professional fees and expenses; to market capitalization; to cost of capital; to merger and acquisition activity; to impeding or distracting a company from achieving other business objectives; to private shareholder litigation; to offensive use of the FCPA by a competitor or adversary to achieve a business objective or to further advance a litigating position.
Author: Malin Akerstrom Publisher: Routledge ISBN: 1351487388 Category : Business & Economics Languages : en Pages : 211
Book Description
Gifts have been given and received in all eras and societies; gifts are part of a universal human exchange. The importance of creating and sustaining social bonds with the help of gifts is widely acknowledged by social scientists, not only from anthropological but also from economic, sociological, and political science perspectives. Contemporary anti-corruption campaigns, however, have led gifts to be viewed with ever-increasing suspicion, because it is feared that the social bonds created by gift giving may contaminate professional decision-making. Suspicious Gifts investigates the sensitive issue of gift exchanges and how they become an object of contention. Malin akerstro;m considers the moral dilemmas presented by bribes and gift giving as experienced by Swedish aid workers and professionals working in the public sector, business, and adoption agencies. She also deals with professionals' interaction with foreign officials or contractors. Often a gift is just that, although sometimes the gift giving may be seen by others as a bribe. akerstro;m highlights the tensions between strict regulations designed to prevent corruption with the human affection for the institution of gift giving. She argues that bribes and gifts are important social phenomena because they are windows into classic sociological and anthropological research issues concerning interaction, social control, exchange, and rituals. This unique analysis will be of keen interest to all sociologists, public officials, and professionals.
Author: United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Asia and the Pacific Publisher: ISBN: Category : Antitrust law (International law) Languages : en Pages : 54
Author: Markus Pohlmann Publisher: Springer Nature ISBN: 3658389605 Category : Social Science Languages : en Pages : 497
Book Description
This book presents the results of an international comparative study on the causes of rule deviation in business and medical organizations. Based on document and interview analyses as well as experiments, the discrepancy between (state) regulations and organizational practice is elaborated and discussed in an interdisciplinary perspective. On the basis of the distinction between organizational and individual deviance, it could be shown across national boundaries that the unwritten rules of the organization make a decisive contribution in explaining organizational wrongdoing, as well as their containment. Implications for effective prevention derived from this are also pointed out.