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Wiley Rein Publishes Updated Foreign Corrupt Practices Act Handbook

Wiley Rein Publishes Updated Foreign Corrupt Practices Act Handbook

Wiley Rein Publishes Updated Foreign Corrupt Practices Act Handbook Wiley Rein's Foreign Corrupt Practices Act (FCPA) and Anti-Corruption Practice has published an updated FCPA Handbook (Seventh Edition). Since 1977, U.S. companies conducting business with foreign government entities and government officials have had to comply with the FCPA, which prohibits U.S. companies from bribing any foreign official to obtain or retain business. Companies and individuals found in violation of the FCPA may be subject to substantial fines, imprisonment, and/or forfeiture of property. The handbook briefly reviews the principal provisions of the FCPA, outlines issues and factors likely to signal FCPA-sensitive situations, and summarizes recent developments that have returned international bribery and corruption to the political spotlight. U.S. companies should rigorously review their FCPA compliance programs and ensure that their overseas branches, subsidiaries, managers and agents are aware of corporate procedures for handling contracts with foreign government entities or involving government officials. A well-conceived compliance program is an essential element for avoiding trouble and, should problems arise, a critical mitigating factor under the corporate sentencing guidelines. An excerpt of the updated handbook can be read here . Wiley Rein attorneys are prepared to answer questions on the FCPA and respond to specific corporate compliance concerns and enforcement concerns. For a complete copy of the handbook, or for more information about the FCPA, please contact one of the authors listed on this alert. To view the 2018 Annual FCPA Mid-Year Review webinar, click here . Continue reading >>

Foreign Corrupt Practices Act (fcpa): Sheppard Mullin

Foreign Corrupt Practices Act (fcpa): Sheppard Mullin

Sheppard Mullin advises both domestic and foreign businesses and their agents on the variety of U.S. laws that govern commerce to and from the United States, including the Foreign Corrupt Practices Act ("FCPA"). The FCPA makes it illegal for commercial enterprises or individuals representing such entities to offer, promise to pay, or direct or authorize another individual to pay money or anything of value to a foreign government official for the purpose of expanding or maintaining their commercial interests. Enacted in 1977 and enforced with increased fervor in recent years, the FCPA is aimed at prohibiting bribery, including suspicious political contributions. Sheppard Mullin attorneys advise clients on the full range of issues implicated by the FCPA and related anti-corruption statutes around the world. Design and implementation of FCPA compliance programs FCPA training programs, including live and webinar formats Advice and counsel concerning specific transactions Related areas such as foreign counterparts to the FCPA, including the UK Bribery Act Rules applicable to the retention of foreign sales agents, including the FCPA, export laws and, as appropriate, Foreign Military Sales ("FMS") or Foreign Military Financed ("FMF") rules governing the transaction The drafting of foreign sales agent agreements Legal Media Group Euromoney, November 2, 2017 PetroTiger CEO Going to Trial for FCPA Charges The Metropolitan Corporate Counsel, May 2013 Inquiry Into China Film Trade Unnerves Hollywood Continue reading >>

Innovation In Compliance: Blockchain As A Compliance Strategy With Paul Brody & Alexander Perry

Innovation In Compliance: Blockchain As A Compliance Strategy With Paul Brody & Alexander Perry

Innovation in Compliance: Blockchain as a Compliance Strategy with Paul Brody & Alexander Perry Blockchain technology stretches across a wide selection of corporate industries. This ever-evolving digital ledger chronologically and publicly records transactions, and now has anti-corruption compliance professionals asking how blockchain fits into a broader corporate compliance strategy. Tom welcomes two thought leaders from Ernst & Young: Paul Brody Principal & Global Innovation Leader, Blockchain Technology, and Alexander Perry Executive Director of Forensic Technology & Discover Services. Tom, Paul, and Alexander discuss the power of blockchains and how they can be effectively implemented in a compliance practice. What is blockchain? Simply put: a transaction-processing system that allows account-based systems to move items of value (ex. Bitcoin) from point A to B or other accounts. Basically, any company that works together (B2B) can benefit from implementing the blockchain based on these three characteristics: Distributed Ledgers shares information by making full copies of transaction histories available throughout the blockchain environment. This means you always have the best information reliable and readily available. Programmable Ledgers shares business processes by integrating shared existing facts. Consensus Algorithm Allows you to move and track assets securely and reliably without appointing a central digital authority that controls the whole system. In Fraud Magazines July/August 2018 Issue , Vincent Walden said, 32 percent of legal, compliance and anti-fraud professionals plan to adopt blockchain and distributed ledger technologies in 2018. As this technology is relatively young still, Paul estimates the number of early blockchain adopters is currently some Continue reading >>

Webinar: Blockchain - What Business Professionals Need To Know

Webinar: Blockchain - What Business Professionals Need To Know

Webinar: Blockchain What Business Professionals Need to Know Webinar: Blockchain - What Business Professionals Need to Know Webinar On Demand: Blockchain What Business Professionals Need to Know MBAFs webinar on what Blockchain is and how it can impact our everyday business community including the implications that extend far beyond cryptocurrency. Youll learn how Blockchain is revolutionizing not only the financial and technology industries, but many industries that we encounter daily. The webinar recording addresses these topics: Wadih Pazos, Sr. VP, Product Development , PaperSave Under his leadership, the PaperSave product suite has continuously evolved through the application of cutting-edge development techniques and seamless integration with the Microsoft Technology Stack. Wadihs specialization is in streamlining client operations by reducing costly manual processing and increasing efficiency. Justin Wales, Chair, Blockchain Technology and Digital Currency Practice , Carlton Fields Justin advises blockchain, fintech and financial services clients on fundraising and regulatory matters, including token structuring and token generation events, and provides business and product counseling for these clients, as well as advice regarding corporate formation, intellectual property, and other general corporate matters. MBAF Certified Public Accountants LLP is a member of the global network of Baker Tilly International ltd., the members of which are separate and independent legal entities. For all inquiries, please complete the form below and the appropriate professional will contact you back shortly. Quality Counts in M&A Due Diligence - Consider Both Quantitative and Qualitative Assessments In mergers and acquisitions, the target companys financial statements provide th Continue reading >>

No Stone Unturned? The Cftc Targets Foreign Corrupt Practices Involving Commodity Interests

No Stone Unturned? The Cftc Targets Foreign Corrupt Practices Involving Commodity Interests

No Stone Unturned? The CFTC Targets Foreign Corrupt Practices Involving Commodity Interests No Stone Unturned? The CFTC Targets Foreign Corrupt Practices Involving Commodity Interests US Commodity Futures Trading Commission (CFTC) Division of Enforcement (DOE) Director James McDonald announced on March 6 that the agency would more closely partner with law enforcement and, for the first time, bring its own actions related to foreign corrupt practices. The Foreign Corrupt Practice Act (FCPA), enacted in 1977, generally prohibits payment of bribes to foreign officials to assist with obtaining or retaining business. 1 The CFTC also released an advisory on self-reporting and cooperation for Commodity Exchange Act (CEA) violations involving the FCPA (the FCPA Advisory). 2 To date, the CFTC has not brought any enforcement actions based on violations of the FCPA, and this appears to be a foray into new territory for the DOE. Until now, the US Securities and Exchange Commission (SEC) and the US Department of Justice (DOJ) have been jointly responsible for enforcing the FCPA, which falls within the SECs Title 15 jurisdiction over securities exchanges. 3 The FCPA contains both anti-bribery prohibitions and accounting requirements. Specifically, an FCPA violation occurs where the government can prove there has been: an offer, payment, promise to pay, or authorization to pay money or anything of value to a foreign government official, or to any other person, knowing that the payment or promise will be passed on to a foreign official for purposes of (a) influencing any act or decision of that official, party, party official or candidate, (b) inducing the official, party, party official, or candidate to do or omit any action in violation of his lawful duty, (c) securing an improper a Continue reading >>

Leclairryan | Blockchain Technologies And Cryptocurrencies

Leclairryan | Blockchain Technologies And Cryptocurrencies

Blockchain Technologies and Cryptocurrencies Blockchain technologies and cryptocurrencies are overturning norms in a way that provides opportunities and challenges for businesses looking to take part in this rapidly expanding space. Led by recognized blockchain leader Carol Van Cleef whose involvement in cryptocurrencies as a sought-after legal advisor took hold alongside the 2008 debut of the Bitcoin predecessor, E-Gold our multi-disciplinary team counsels individuals and businesses ranging from entrepreneurs to multinational banks. Our attorneys focus on myriad issues associated with blockchain applications, digital currencies, and initial coin offerings, including: Members of our team collaborate with LeClairRyan attorneys across practice areas to ensure that we provide legal counsel that is inclusive of the breadth of business opportunities available, while ensuring that our clients decisions comply with quickly emerging laws and regulations driving the blockchain arena. Additionally, our team has significant experience handling a full spectrum of blockchain issues across industries, including advertising, aviation, energy, financial services, healthcare, hospitality, manufacturing, technology, real estate and retail. Patent prosecution and defense of blockchain technology Blockchain trademark representation for an international bank Corporate and securities services such drafting of agreements, venture capital fundraising, token offerings, and mergers and acquisitions Bank and state money transmitter regulatory enforcement FinTech transactional and regulatory representation 2018 LeClairRyan. All Rights Reserved \ ATTORNEY ADVERTISING: Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any Continue reading >>

Mts Foreign Corrupt Practices Act Enforcement Action: Part Iv The Individual Indictments

Mts Foreign Corrupt Practices Act Enforcement Action: Part Iv The Individual Indictments

MTS Foreign Corrupt Practices Act Enforcement Action: Part IV the Individual Indictments To embed, copy and paste the code into your website or blog: We are on Episode IV of a five-part exploration of the recent the Department of Justice and Securities Exchange Commission resolution of a Foreign Corrupt Practices Act enforcement action against the Russian telecom company, Mobile TeleSystems PJSC (MTS). In this episode, I look at the individual indictments, which charged Gulnara Karimova, daughter of the former President of Uzbekistan, with one count of conspiracy to commit money laundering and Bekhzod Akhmedov, a former MTS executive based in Uzbekistan with FCPA violations of Seemore+ We are on Episode IV of a five-part exploration of the recent the Department of Justice and Securities Exchange Commission resolution of a Foreign Corrupt Practices Act enforcement action against the Russian telecom company, Mobile TeleSystems PJSC (MTS). In this episode, I look at the individual indictments, which charged Gulnara Karimova, daughter of the former President of Uzbekistan, with one count of conspiracy to commit money laundering and Bekhzod Akhmedov, a former MTS executive based in Uzbekistan with FCPA violations of one count of conspiracy to violate the FCPA, two counts of violating the FCPA, and one count of conspiracy to commit money laundering.The indictment discussed the three companies who paid bribes to Karimova, who then laundered the money on the international stage. They were VimpelCom Ltd. (now VEON Ltd.), Telia Company AB (formerly TeliaSonera AB) (Telia) and MTS. The schemes Karimova used were so similar as to be almost identical. The only thing that changed was the name of the company she was shaking down money from in her march towards receiving over $1 billi Continue reading >>

Blockchain & Cryptocurrency

Blockchain & Cryptocurrency

With an unrivaled combination of regulatory and compliance, commodities and derivatives, tax law and policy, and government enforcement experience, Steptoes blockchain and cryptocurrency team is uniquely positioned to help clients develop and implement blockchain strategies and navigate the complex legal and regulatory environment surrounding cryptocurrencies and crypto-assets in the US and across the globe. Steptoe is part of the foundation of the blockchain industry. On behalf of the Chamber of Digital Commerce and Coin Center, Steptoe helped create and serves as counsel to the Blockchain Alliance , a coalition of three dozen of the leading companies in the blockchain space. The Blockchain Alliance engages with over 40 local, state, federal, and international government agencies delivering education and helping to promote the growth of this technology. We also serve as an advisor to both Coin Center and the Chamber of Digital Commerce , two of the industrys leading advocacy groups, and many of the industrys leading companies. Our team includes former high-ranking officials from the Department of Justice, the Department of Homeland Security, the Internal Revenue Service (IRS), Treasury Department, the Commodity Futures Trading Commission (CFTC), and the Securities and Exchange Commission (SEC) with extensive knowledge in cryptocurrency and blockchain technology matters. We advise individuals and entities on the suite of legal and regulatory issues from a currency, commodities and derivatives, and securities law perspective. We also have unique experience on the taxation implications for a range of crypto-related activities including trading, investing, creating and issuing tokens, and digitizing assets. Utilizing decades of experience working in and with the legislati Continue reading >>

Foreign Corrupt Practices Act Compliance & Defense

Foreign Corrupt Practices Act Compliance & Defense

Foreign Corrupt Practices Act Compliance & Defense With increased enforcement of anti-corruption laws in the United States and abroad, compliance with the Foreign Corrupt Practices Act (FCPA) , the Travel Act , U.K. Bribery Act and other foreign anti-corruption laws has quickly become a priority for companies conducting businessdirectly or through third partiesoutside the United States. Perkins Coies White Collar & Investigations practice has extensive experience advising and representing U.S. and international companies regarding a wide range of anti-corruption matters. Our legal team includes lawyers who formerly served in the U.S. Department of Justice and Securities and Exchange Commission , as well as many other government agency attorneys with years of experience conducting and evaluating complex anti-corruption investigations. We regularly work with Fortune 500 companies to conduct internal investigations, and to establish policies, procedures, training programs, and other due diligence practices to ensure compliance with relevant U.S. and foreign anti-corruption laws and to minimize a companys risk profile. We also represent companies and individuals during all stages of enforcement proceedings, from advising companies on whether to self-disclose a suspected violation, to responding to and resolving government inquiries. Our scope is global our clients include U.S. companies with locations worldwide, as well as companies based outside the U.S.,including those located in Brazil, China, Egypt, Ethiopia, Germany, India, Mexico, the Philippines, Russia, Sri Lanka, Thailand, United Kingdom and Vietnam. FCPA and Anti-Corruption Representative Experience Appointed by the U.S. Government to serve as FCPA Corporate Monitor of a large multinational corporation in connect Continue reading >>

Foreign Corrupt Practices Act

Foreign Corrupt Practices Act

Cravath has extensive experience assisting companies in investigating potential violations of the FCPA, including conducting global internal investigations and representing clients in criminal and civil matters before the DOJ and SEC FCPA units in Washington,D.C. and U.S. Attorneys Offices and SEC regional offices around the country. Our team has negotiated settlements for our clients ranging from declinations to some of the most significant FCPA corporate settlements in U.S. history addressing allegations of misconduct on multiple continents. Members of our group include former senior SEC lawyers and DOJ prosecutors, including the Deputy Assistant Attorney General who oversaw the DOJ Criminal Divisions FCPA unit and issuance of the U.S. governments hallmark DOJ SEC Resource Guide to the Foreign Corrupt Practices Act. Chambers USA ranked Cravath as a leading law firm in the nation in its FCPA category (2018). Clients frequently look to Cravaths experienced team to advise on anticorruption compliance programs, whether to selfdisclose potential FCPA violations to governmental authorities and how to coordinate anticorruption investigations across multiple countries, and for strategy in remediating, and mitigating the enforcement impact of, FCPA violations. We pride ourselves on bringing strategic thinking to every matter and employing a flexible approach to address our clients most sensitive situations. Continue reading >>

Fcpa & Anti-corruption

Fcpa & Anti-corruption

Our FCPA & Anti-Corruption team has extensive experience representing clients in all facets of compliance, investigations and enforcement. We are a market leader in FCPA and anti-corruption representation. We counsel our clients in the detection and prevention of FCPA violations and achieve positive results in the face of anti-corruption enforcement by governments and multi-lateral development banks. Our team has extensive knowledge and experience in all aspects of FCPA and anti-corruption investigation, enforcement, trial, compliance and monitoring. We bring unique experience to both government enforcement and compliance matters. Our team draws strength from every side of the table: as defense lawyers, prosecutors and in-house counsel. Our team includes three former members of the DOJs Fraud Section, the DOJ section with primary responsibility for FCPA investigations and prosecutions, including both a former Assistant Chief of FCPA enforcement and one of the few prosecutors to successfully bring an FCPA case to trial. Our team includes lawyers who have decades of experience providing direct representation and crisis management advice to clients confronting the most complicated, bet-the-company white collar investigations and prosecutions; lawyers having relevant, recent experience working for the Department of Justice as federal prosecutors, including two presidentially appointed U.S. Attorneys. Our team also includes former senior Justice Department officials and others who served as Assistant U.S. Attorneys, and lawyers with a depth of experience in developing, investigating and managing compliance programs. We have extensive experience developing and enhancing compliance programs, conducting risk assessments and developing effective financial controls to detect and Continue reading >>

Blockchain Technologies And Digital Currencies

Blockchain Technologies And Digital Currencies

Blockchain Technologies and Digital Currencies For experienced attorneys looking to build their practice through challenging and innovative work in a leading firm... Blockchain Technologies and Digital Currencies We help clients navigate the broad array of legal issues presented by transformative blockchain technology and the rise of digital currencies. BakerHostetler is a leader in advising clients who are deploying blockchain-enabled solutions or developing or using virtual currencies whether they are integrating the technologies into established operations, re-engineering business practices, or creating new and disruptive applications. Our clients include businesses and not-for-profit organizations from startups to Fortune 100 companies in local, national and international arenas. Our attorneys collaborate across practice groups to provide practical advice on how to maximize the opportunities presented by the technologies while steering clear of pitfalls in a rapidly evolving legal landscape. We help clients understand how current laws and regulations apply to these technologies, plan or advocate for changes in the regulatory environment, and provide thoughtful insight to companies integrating these technologies into existing and prospective product and service offerings. Our team understands how and when a cryptocurrency may be a currency, a security, a network utility or a commodity, and the legal and regulatory implications of such designations. We help clients design smart contracts and work with them through the myriad legal issues that arise in initial coin offerings (ICOs) or token generating events (TGEs), including corporate and securities matters, tax issues, and other regulatory hurdles. We also advise clients on privacy and security issues specific to bl Continue reading >>

Corruption, Crime & Compliance - Bribery, Fcpa, Aml

Corruption, Crime & Compliance - Bribery, Fcpa, Aml

Commerce Department Blocks Export Licenses to Huawei Technologies Co., Ltd. In a controversial decision, on May 15, 2019, the US Commerce Department announced the addition of Huawei Technologies Co., Ltd. (Huawei) and 68 affiliates to its Entity List. As a result, export licenses for Huawei are subject to a presumption of denial. The Commerce Department cited a number of reasons for its decision, including alleged violations of the International Emergency Economic Powers Act (IEEPA), conspiracy... Michael Volkov Releases New E-Book: The Road Ahead The Justice Departments Path to a Balanced White-Collar Enforcement Policy I am pleased to announce the release of my new e-book: The Road Ahead: The Justice Departments Path to a Balanced White-Collar Enforcement Policy. The new e-book can be downloaded HERE. Thanks to Corporate Compliance Insights for publishing the book and its continuing support. The Justice Departments FCPA Corporate Enforcement Policy, adopted in November 2017, was a watershed moment in criminal justice. Over the last... Continue reading >>

Selva Ozelli: U.s. Evaluates Blockchain Technology As Anti-corruption Weapon

Selva Ozelli: U.s. Evaluates Blockchain Technology As Anti-corruption Weapon

Selva Ozelli: U.S. evaluates blockchain technology as anti-corruption weapon The U.S. government and several of its agencies have been evaluating blockchain technology as a preventative measure against corruption that may distort the fair awarding of public procurement contracts, reduce the quality of basic public services, limit opportunities to develop a competitive private sector and undermine trust in public institutions. A study by the RAND Corporation explains with data the reasons for the governments long-standing decision to have a robust bid protest system to review of agencies procurement decisions. The U.S. government is a powerful entity in the world economy, and has a moral duty to maintain fairness and transparency in how it awards large contracts. The U.S. government also needs to deter and punish ineptitude, sloth, or corruption of public purchasing officials. Contracts, transactions, and the records of intellectual property are among the defining structures of the U.S. economic, legal, and political system. And the U.S. government agencies formed to manage them need to keep up with the economys digital transformation. Accordingly, blockchain technology is under evaluation or is being implemented by several U.S. government agencies to improve transparency, efficiency and trust in information sharing: Government-issued credentials like visas, passports, SSN and birth certificates Federal assistance and foreign aid delivery. The General Services Administration. GSAs Emerging Citizen Technology Office launched the U.S. Federal Blockchain program for federal agencies and U.S. businesses that are interested in exploring blockchain technology and its implementation within the U.S. government. So far, GSA has used blockchain to automate and speed up contracts Continue reading >>

Murphy & Mcgonigle - Timothy Peterson

Murphy & Mcgonigle - Timothy Peterson

Mr. Petersons practice focuses on assisting individuals and companies appearing before the SEC, FINRA, and federal and state criminal authorities. He defends clients facing allegations of accounting fraud, market manipulation, insider trading, failure to register, and other securities violations. Mr. Peterson has particular experience in investigating corruption-related allegations, and has defended claims of FCPA violations, domestic bribery, and embezzlement. He has assisted clients in conducting anti-corruption due diligence, and in creating compliance enhancements designed to detect and prevent corruption problems. He is also a member of Murphy & McGonigles leading FinTech practice. Mr. Peterson provides advice concerning cryptocurrencies and blockchain technology applications, helping clients navigate complex regulatory and enforcement considerations in this disruptive sector of financial services. Mr. Peterson previously served as Senior Counsel in the SEC Division of Enforcement's Washington office, where he received two Division Director's Awards for his service. Continue reading >>

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