Emtrain Blog

Strip Clubs & Niagara Falls: Novartis Pays $25 Mil in FCPA Enforcement Action

Posted by Allison Baker

March 28, 2016

This week, the SEC announced a $25 million FCPA enforcement action against Swiss pharmaceutical company Novartis.

Items of value improperly provided to Chinese foreign healthcare professionals by indirect Chinese subsidiaries of Novartis included, among other things, an excursion to Niagara Falls and cover to a strip club.

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Topics: Code of Conduct, FCPA, global anti-bribery, ethical workplace culture

FCPA Enforcement Update: Q1 Enforcement Spree

Posted by Allison Baker

March 7, 2016


The DOJ and SEC have been on a roll the last few weeks. In an unprecedented spree of FCPA enforcement over the past approximate month, eight separate actions have been brought against companies in varying industries such as telecom, pharma, and technology.

The latest of these FCPA enforcement actions against Canadian company Nordion (a global health science company) is notable – it’s the first ever FCPA action against a Canadian company.

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Topics: Code of Conduct, FCPA, global anti-bribery, ethical workplace culture

The High Cost of Leading an Unethical Organization

Posted by Allison Baker

February 23, 2016

Last week, telecommunications company VimpelCom was hit with a $397.5 million FCPA enforcement action for a corporation-wide corruption scheme involving conduct in Uzbekistan.

Coming in at nearly $400 million, this settlement is the 5th largest FCPA settlement amount of all time. Leading an unethical organization comes at a high cost.

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Topics: Code of Conduct, FCPA, global anti-bribery, ethical workplace culture

FCPA Enforcement Starts Off 2016 with a Bang!

Posted by Janine Yancey

February 5, 2016

Last year, when SAP’s Latin American sales leader resolved a parallel DOJ/SEC FCPA enforcement action, the question remained: would there also be an enforcement action against SAP?

Earlier this week, the SEC answered that question by announcing an enforcement action against SAP - the first FCPA enforcement action in 2016.

The SAP action is based on the same core conduct alleged in the prior individual action and the company agreed to pay approximately $3.9 million.

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Topics: FCPA, global anti-bribery, corporate compliance, compliance programs

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:

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Topics: Compliance, Business Compliance, Corporate Governance, FCPA

The Senate's FCPA Hearing: A Look Back

Posted by Professor Mike Koehler

December 16, 2015

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.


Five years ago, the Senate held a hearing titled “Examining Enforcement of the Foreign Corrupt Practices Act.”

See here for the full hearing transcript, here for the full video.

It was the first congressional hearing on the FCPA during its new era of enforcement (to be followed by a June 2011 FCPA hearing in the House) and the first FCPA hearing in Congress since the FCPA was amended in 1998.

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Topics: Compliance, Business Compliance, Corporate Governance, FCPA

FCPA Enforcement: Why the Meaning of "Foreign Official" Matters

Posted by Professor Mike Koehler

September 8, 2015

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.


For some time, certain people have been confused, perplexed etc. as to why the meaning of foreign official in the FCPA’s anti-bribery provisions matters.

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Topics: Compliance, Business Compliance, Corporate Governance, FCPA

Do Your Hiring Practices Live Up to the SEC's New Expectations?

Posted by Professor Mike Koehler

August 25, 2015

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 courseware.


There are two distinct questions that can be asked in connection with many instances of Foreign Corrupt Practices Act scrutiny and enforcement.

The first is whether, given the DOJ’s and/or SEC’s enforcement theories, the conduct at issue can expose a company to FCPA scrutiny and an FCPA enforcement action?

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Topics: Compliance, Business Compliance, Corporate Governance, FCPA