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The Master List of Third Party Corruption Red Flags
Under the FCPA, companies and individuals can be liable for the bribes that their agents, consultants, sales representatives, distributors, lawyers, accountants, brokers, and other third party...
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Chronicle of a Bribe Foretold: ADM in Venezuela
A gripping cautionary tale is hidden in the Statement of Facts attached to the Archer Daniels Midland (ADM) non-prosecution agreement (NPA). The NPA, which ADM signed with the DOJ last December,...
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How Can I Control My Third Parties?
Anti-corruption compliance is an increasingly important topic in Latin America, and companies in the region are starting to ask the question – how can I control my third parties? Sometimes, for FCPA...
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Exercising FCPA Audit Rights: Tips for Practitioners
FCPA enforcement actions in the recent past, as well as the FCPA Guidance, highlight the importance of including audit rights in written contracts with third-party contractors. But just including them...
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The Ten Most Important FCPA Internal Controls (Part 1: Accounting Controls)
Under the FCPA, companies can be punished not only for the wrongful things they do, like paying bribes. They can also be punished for certain things they don’t do. In particular, the FCPA’s accounting...
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The Ten Most Important FCPA Internal Controls (Part 2: Other Processes)
Certain company processes might not constitute traditional notions of “internal controls,” but FCPA enforcement officials have taken the position that a wide range of activities is covered by the term....
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FCPA Myths and Misconceptions, Debunked (Part 1: Compliance)
When it comes to FCPA compliance and enforcement, myths and misconceptions abound. I’m not surprised to hear them from foreign business people with limited exposure to the FCPA. I am more concerned...
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The Tangible and Intangible Drivers of FCPA Risk in Venezuela Today
Hugo Chavez came to power in Venezuela in 1999, riding a wave of dissatisfaction with the corrupt oligarchic elite that had governed the country for years. Despite his promise, corruption in Venezuela...
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How CCOs Can Use the OECD Foreign Bribery Report
Last month, the OECD published its first Foreign Bribery Report, measuring transnational corruption based on data from the 427 foreign bribery cases that have been investigated, prosecuted, and...
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Multi-Party Conspiracies in Central America: The Latest FCPA Case
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...
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New Corruption Risk Data for Mexico
Lots of eyes are on Mexico right now, given the country’s efforts to develop a new National Anti-Corruption System, the opening up of its energy sector to foreign investment, and the reality of...
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New FCPA Risks in Mexico’s Historic Energy Reform
In 2013, the Mexican Congress approved constitutional amendments to open oil & gas exploration and production to foreign investment, ending the monopoly of Petróleos Mexicanos (Pemex). In the...
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New Pemex Corruption Risks
Over the years, companies providing goods and services to Petróleos Mexicanos (Pemex), Mexico’s state-owned oil & gas company, have faced numerous FCPA risks. Pemex is considered an...
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Miller & Chevalier Releases Results of 2016 Latin America Corruption Survey
Despite more than three-quarters of businesspeople indicating that their country’s anti-corruption laws are ineffective, the 2016 Latin America Corruption Survey released by Miller & Chevalier...
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Six FCPA Red Flags Missed by Key Energy in Mexico
When U.S. enforcement officials review fact patterns related to FCPA violations, they do so with the benefit of 20/20 hindsight. At the time that the violation occurs, however, in the context of a...
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Costa Rica Strengthens its International Bribery Laws
This guest post is by Juan Carlos Tristan, a lawyer at BLP law firm in Costa Rica. Costa Rica has intensified its regulatory policies regarding transnational bribery. On July 21st, the Costa Rican...
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More Companies Managing Third Party Corruption Risks in Latin America
This post was co-authored by Leah Moushey, a Law Clerk at Miller & Chevalier. The 2016 Latin America Corruption Survey, released by Miller & Chevalier and 13 partner law firms throughout the...
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New Book Published for FCPA Compliance Practitioners
A new book published recently in the United States is an excellent tool for FCPA compliance practitioners doing work in Latin America. The book, entitled The FCPA in Latin America: Common Corruption...
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Third-Party Due Diligence—Not Just a One Time Thing
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....
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How DOJ’s Updated Compliance Guidance is Relevant to Latin America
On April 30, 2019, the Criminal Division of the U.S. Department of Justice (DOJ) issued updated guidance on the “Evaluation of Corporate Compliance Programs” (Updated Evaluation Guidance) intended to...
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