The Foreign Corrupt Practices Act in a New Era PDF Download

Author: Mike Koehler
Publisher: Edward Elgar Publishing
ISBN: 1781954410
Category : Business & Economics
Languages : en
Pages : 417

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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

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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: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Crime and Drugs
Publisher:
ISBN:
Category : Bribery
Languages : en
Pages : 112

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Author: Mike Koehler
Publisher:
ISBN:
Category :
Languages : en
Pages : 61

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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: 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

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Author: Malin Akerstrom
Publisher: Routledge
ISBN: 1351487388
Category : Business & Economics
Languages : en
Pages : 211

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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: Peter Schweizer
Publisher: Houghton Mifflin Harcourt
ISBN: 0544103343
Category : Political Science
Languages : en
Pages : 261

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Book Description
A major new expose of financial outrages in Washington, by the best-selling author and investigative journalist.

Author: Markus Pohlmann
Publisher: Springer Nature
ISBN: 3658389605
Category : Social Science
Languages : en
Pages : 497

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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.

Author: Philip L. Reichel
Publisher: Bloomsbury Publishing USA
ISBN: 1440860157
Category : Social Science
Languages : en
Pages : 860

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Book Description
A definitive resource for understanding such far-reaching and often interconnected crimes as cyber theft, drug trafficking, human smuggling, identity theft, wildlife poaching, and sex tourism. While many international corporations have benefited from the global economy and distribution of information, globalization has also had serious negative consequences. This important reference work offers students and general readers a critical understanding of how technology, governments, political unrest, war, and economic strife contribute to an increase in global crime. This A–Z encyclopedia covers key people, events, and organizations and includes key documents that will help readers to understand the numerous problems created by the many transnational crimes that are growing in severity and frequency around the world. Entries address perpetrators and their methods; victims; who really profits; and law enforcement responses. In addition to cyber theft and sales of weapons and narcotics, the set provides a detailed look at global crimes not typically covered, such as corruption, fraudulent medicine, illegal sports betting, organ trafficking, maritime piracy, trafficking in cultural property, and wildlife and forest crime. Although some historical events and people are included, the focus is on recent and contemporary topics.

Author: Stefano Manacorda
Publisher: Springer Nature
ISBN: 3030816559
Category : Social Science
Languages : en
Pages : 370

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Book Description
This edited volume presents an innovative and critical analysis of corporate compliance from an interdisciplinary and international perspective. It defines the historical framework and the various roles played by corporate compliance in today's context. It questions how different cultures affect economic behaviors and under which conditions the individual choices may be directed toward law-abiding behavior. Examining corporate compliance as a tool of criminal and regulatory policy strategies in different countries and sectors, this book also aims to provide a picture of the dimension and scope of the public-private partnership, focusing on the prevention and detection of corporate crimes. It analyzes the effects of corporate compliance on the internal organization in terms of cost-benefit assessment, as well as the opportunities in technical innovation for detecting and controlling risk.