Emtrain Blog

Happy National Drink Beer Day, Now Give the SEC $6 Mil!

Posted by Allison Baker

September 29, 2016

Yesterday, on National Drink Beer Day, no less, the SEC filed a cease and desist order against Anheuser-Busch InBev for violating the FCPA’s books and records and internal controls provisions.

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA

UK-Based AstraZeneca Pays $5.5 to Settle FCPA Enforcement Action

Posted by Allison Baker

September 2, 2016

Earlier this week, the SEC announced a $5.5 million enforcement action against AstraZeneca based on the actions of its foreign subsidiaries.

The action stems from an almost decade-old issue involving the UK-based company providing various items of value to Russian and Chinese physicians via foreign subsidiaries.

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA

Key Energy Services Resolves FCPA Enforcement Action for $5 million

Posted by Allison Baker

August 17, 2016

 

Key Energy Services was found liable for FCPA books and records and internal controls violations, even though the SEC found that certain employees of an indirect Mexico subsidiary “abused their privileges, approving suspect arrangements with and payments to consultants and gifts to Mexican government officials at Pemex, and concealing these arrangements and payments from Key Energy.”

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA

FCPA Enforcement: LAN Airlines Pays $22 Million to Settle FCPA Charges

Posted by Allison Baker

July 28, 2016

 

Earlier this week, LATAM / LAN airlines, a Chilean company, paid the U.S. government $22 million in an FCPA enforcement action related to an Argentine labor dispute.

The FCPA enforcement action against LATAM / LAN airlines was an extension of the February 2016 enforcement action against current LATAM CEO Ignacio Plaza.

The enforcement action is interesting for a few reasons:

  • The initial violation occurred 10 years ago on foreign soil.

  • There were no actual anti-bribery charges. Rather, the charges were for violations of the FCPA's books and records and internal controls provisions - provisions applicable to the Chilean company because it has shares traded on a U.S. exchange.

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA

Are Distributors Putting You at Risk for an FCPA Violation?

Posted by Allison Baker

June 30, 2016

 

Last week, the DOJ and SEC announced a parallel FCPA enforcement action against medical device manufacturer Analogic Corp. and BK Medical ApS (Analogic’s Danish subsidiary) in which the entities agreed to pay approximately $14.9 million.

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA

Why It's Important to Translate Your FCPA Compliance Training

Posted by Allison Baker

June 9, 2016

 

Two FCPA actions brought by the SEC stem, in part, from a similar issue: failure to offer FCPA compliance training in the appropriate language. In these two particular cases, the language in question is Mandarin.

The two actions are unrelated, but bring to light a very common issue in compliance. The actions against Nortek Inc. and Akamai Technologies are a reminder for organizations to offer FCPA compliance training to regions of risk in the native tongue.

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA

3 Smart Ways to Safeguard Your Company from an Ethics Scandal

Posted by Allison Baker

May 3, 2016


A few years ago, Elizabeth Holmes’ company Theranos made headlines for its promise to disrupt biotechnology with innovative blood testing. Now, Theranos is making headlines for allegedly fooling investors, consumers, and the media that they had a viable product.

In addition to media scrutiny, Theranos and Holmes are currently under investigation by the SEC and DOJ. So, what happened here and how can we learn to build a company that doesn’t run into ethical and legal scrutiny after years of hard work?

Keep reading to find out how to build an ethical and compliant company from the start and avoid an ethics scandal.

Read More

Topics: Compliance, Business Compliance, Code of Conduct, Ethics, Corporate Governance, onboarding, Silicon Valley

FCPA Enforcement News: What You Need to Know From Q1

Posted by Allison Baker

April 8, 2016


The following post was adapted from a blog post written by our contributing editor, Professor Mike Koehler, and a version of it originally appeared on his FCPA Professor website. Professor Koehler developed our Global Anti-Bribery and Corruption course.

If you've been paying attention to FCPA enforcement news over the last few months, it's no surprise that the list of Q1 actions is a long one.

Keep reading for a full summary of Foreign Corrupt Practices Act enforcement activity and related developments from the first quarter of 2016.

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA

Compliance Programs Under the Microscope in 2016

Posted by Timothy Crudo

February 4, 2016

As a new year’s resolution, companies may want to take time in Q1 to review existing compliance programs, especially in light of the Department of Justice’s (DOJ) recent appointment of compliance counsel to help evaluate the good faith and effectiveness of corporate compliance programs.

The DOJ seems to be moving towards a deeper analysis of compliance program quality and effectiveness, which is why it appointed a compliance counsel with significant high-level experience across a variety of industries.

According to the DOJ, the new compliance counsel will help it determine whether a company’s compliance program is simply a check-the-box program or a substantive, effective program – a distinction that can make a big difference when it comes to DOJ charging decisions and penalties.

Read More

Topics: Business Compliance, Corporate Governance

FCPA Enforcement Update: What You Need to Know From Q4

Posted by Professor Mike Koehler

January 12, 2016

The following post was written by our contributing editor, Professor Mike Koehler, and originally appeared on his FCPA Professor website. Professor Koehler developed our Global Anti-Bribery and Corruption course.

This post provides a summary of Foreign Corrupt Practices Act enforcement actions and FCPA related events from the fourth quarter of 2015. (See similar posts here, here and here for Q1, Q2 and Q3).

Here are the FCPA enforcement updates from Q4:

Read More

Topics: Compliance, Business Compliance, Corporate Governance, FCPA