On April 30, 2019, the Assistant Attorney General for the Department of Justice’s Criminal Division, Brian Benczkowski, announced the publication of an updated version of the Department’s Guidance Document on Evaluation of Corporate Compliance Programs (the “Revised Evaluation Guidance”). This is an update to the original version of the Department’s…
Although enforcement guidelines around the world vary, virtually all touch upon a set of core themes, which Baker McKenzie has summarized into five essential elements. You can now get access to the updated 2018 edition of this expertise.
Our compliance specialists discuss the steps that should be taken in order to localize a global compliance program.
Although issued without fanfare, the Evaluation Guidance represents the latest in a series of important communications by the Fraud Section outlining the DOJ’s expectations for effective corporate compliance programs.
Conspiracy charges continue to assist the government in overcoming the myriad legal obstacles to establishing a substantive FCPA violation.
The Fraud Section of the U.S. Department of Justice (“DOJ”) has retained Hui Chen as its full-time, resident Compliance Counsel. Ms. Chen has a significant background in compliance at various multinational companies. The retention of Ms. Chen and accompanying commentary from leadership of the DOJ’s Criminal Division last week highlight the U.S. government’s distinct expectations with respect to compliance. This development also sends a clear message about how important the DOJ considers compliance in the resolution of enforcement matters and how closely a company’s program will be scrutinized during that process.
U.S. enforcement authorities in FCPA matters place great emphasis on obtaining and analyzing relevant documents, data, and other reviewable information. For this reason, it is incumbent upon any company in a cooperative posture with the government to disclose as much relevant, non-privileged information as practicable.
The question of where a compliance department should reside within the corporate configuration is getting significant attention by companies and commentators alike. Indeed, news reports over the past year have underscored the trend of elevating Chief Compliance Officers (“CCOs”) in the company hierarchy, creating separation between compliance and legal within…
Recent U.S. Securities and Exchange Commission (“SEC”) enforcement actions and related commentary from Commission leadership demonstrate the SEC’s intent to penalize companies paying commercial bribes for violations of the accounting provisions of the U.S. Foreign Corrupt Practices Act (“FCPA”). This trend belies a commonly held misconception that the FCPA pertains…
India poses high risks of corruption and money laundering for financial institutions operating in the country. To evaluate these risks, the authors recommend four key general steps combined with a number of India-specific considerations. Anti-corruption efforts, they suggest, require, among other things, a comprehensive knowledge and understanding of all customers…