Monthly Archives: May 2013

FCPA Declinations: How to Maximize Your Chance to Get a Pass When a Corruption Problem Occurs

… Companies that can demonstrate a truly proactive approach to anti-corruption compliance, both before a problem arises and after an allegation is received, can do much to help themselves in order to obtain the real golden carrot – the much-desired “declination” from the U.S. Department of Justice (“DOJ”) and similar treatment from the Securities and Exchange Commission (“SEC”). Not every…

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Regulatory: Compliance stakes its independence — Inside Counsel

The appropriate place for compliance in the organizational structure of large and more sophisticated companies has been a matter subject to substantial debate within company management, and it is fair to conclude that the stakeholders in this debate—senior management, external boards, the office of general counsel and senior compliance officials—do not necessarily see eye to eye. General counsel often chafe…

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Total S.A. to Pay $398 Million to Resolve Bribery Charges – Compliance Week

Yesterday, Total S.A. agreed to settle FCPA charges from the SEC and DOJ by paying a combined $398 million in disgorgement and penalties, and agreeing to other terms including a deferred prosecution agreement for a term of three years and the retention of an independent corporate compliance monitor. via Total S.A. to Pay $398 Million to Resolve Bribery Charges –…

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Sen. Warren Asks SEC for Any Research on Benefits of ‘No Admission’ Settlements – Compliance Week

Senator Elizabeth Warren asks the SEC to provide her with any research it has done on “trade-offs to the public between settling an enforcement action without admission of guilt and going forward with litigation as necessary to obtain such admission.” via Sen. Warren Asks SEC for Any Research on Benefits of ‘No Admission’ Settlements – Compliance Week

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