Tag: Corruption

Top Ten International Anti-Corruption Developments for September 2016

2016-11-22 posted by

On November 22nd Morrison & Foerster LLP made public their latest legal update titled “Top Ten International Anti-Corruption Developments for September 2016”.

In this update they summarize “some of the most important international anti-corruption developments from the past month, with links to primary resources.” This month they ask: “What is a Department of Justice (DOJ) “declination with disgorgement”? How many FCPA resolutions was the Securities and Exchange Commission (SEC) able to bring in the last month of its fiscal year? How does one avoid running afoul of South Korea’s new anti-corruption laws?”

Read More

Transparency International: ”ASIA-PACIFIC ANTI-CORRUPTION RANKINGS FOR 2015”

2016-04-20 posted by

According to Transparency International as reflected in this article, most Corruption Perception Index (CPI) scores for Asia-Pacific did not change much compared to the previous rankings of 2014  despite the general improvement elsewhere.  Countries that showed improvement include Mongolia, India, Myanmar, Thailand, Timor-Lestor, China, Indonesia and South Korea.

Japan dropped 3 places from 15th in 2014 to 18th in 2015.  With the introduction of the Corporate Governance Code and introduction of Independent Directors on Boards in Japan, it is expected that the scores will improve with time. Others that notably dropped include The Phillipines, Malaysia together with New Zealand and Australia which declined by two places though still at the top end.

Read More

Gary Giampetruzzi et al ”Another Life Sciences Company Gets Hit Hard: Olympus Pays $646M to Resolve Corruption Allegations in a Unique Dual FCA / FCPA Resolution”

2016-03-30 posted by

”Demonstrating the continued focus of the Department of Justice (“DOJ”) on the life sciences industry, on March 1, 2016, the U.S. Attorney’s Office for the District of New Jersey (“USAO”) announced a major settlement with Olympus Corporation of the Americas (“Olympus”), the U.S. subsidiary of Olympus Corporation, a Japanese company and the largest U.S. distributor […]

Read More

Congressional Research Service： “Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities”

2016-03-04 posted by

Congressional Research Service

”…………….Obstruction of justice is the impediment of governmental activities. There are a host of federal criminal laws that prohibit obstructions of justice. The six most general outlaw obstruction of judicial proceedings (18 U.S.C. 1503), witness tampering (18 U.S.C. 1512), witness retaliation (18 U.S.C. 1513), obstruction of congressional or administrative proceedings (18 U.S.C. 1505), conspiracy to defraud the United States (18 U.S.C. 371), and contempt (a creature of statute, rule and common law).

Read More

”Prosecutorial Bent Shows in SEC Accounting-Fraud Push, Ex-Official Says”

2016-02-27 posted by

Mary Jo White, chair of the U.S. Securities and Exchange Commission, speaks at The Economic Club of New York, in Manhattan, June 20, 2014

”The Securities and Exchange Commission’s push to step up policing of accounting fraud could have a lasting impact on the agency’s work, bringing more cases related to poor internal controls and more actions against individuals, a top former official said.

Read More

”Why tackling corruption in corporate governance is not impossible” by Lucy P. Marcus

2016-02-20 posted by
Chinese president Xi Jinping

Chinese president Xi Jinping says he wants China to be a country where ‘nobody dares to be corrupt’. Photograph: Xinhua/Reuters

”Corruption is a global scourge, sometimes becoming so deeply ingrained in countries that combating it seems impossible. In January, Transparency International released its annual Corruption Perceptions Index, noting that the problem “remains a blight around the world”.

Read More

MoFo FCPA and Global Anti-Corruption Team: “Top Ten International Anti-Corruption Developments for October 2015”

2015-12-02 posted by

In order to provide an overview for busy in-house counseland compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month with links to primary resources. October saw another SEC-only corporate FCPA settlement, an explanation from DOJ as to why theapparent decrease in volume of FCPA criminal actions does not mean anti-corruption is no longer an enforcement priority, an important ruling in an FCPA whistleblower case, and a variety of other anti -corruption developments in the U.S. and abroad.

Read More