The FCPA in Latin America

Common Corruption Risks and Effective Compliance Strategies for the Region

Author: Matteson Ellis

Publisher: BookBaby

ISBN: 1483576906

Category: Law

Page: 238

View: 9345


Latin America is experiencing a historic anti-corruption wave as governments in the region bolster their local anti-corruption laws, prosecutors courageously pursue high-profile cases, and corrupt political and business leaders and unscrupulous companies find themselves on the defensive. The trend is seen in Brazil's monumental "Operation Car Wash" involving the region's largest company – Petrobras, Guatemala's jailing of its former President for a customs-related bribery scheme, and the adoption of tighter anti-corruption laws in important markets like Chile, Colombia, and Mexico. An often overlooked factor in these regional developments, however, has been the role of the U.S. Foreign Corrupt Practices Act (FCPA). For years, extraterritorial application of the FCPA by U.S. officials to companies, individuals, and schemes in Latin America has had the effect of establishing penalties in the United States for conduct largely occurring in the region. The mere threat of FCPA enforcement has prompted people working in the region to embrace anti-corruption compliance norms. FCPA cases involving companies like Embraer, Wal-Mart, and Avon operating in Latin America have exposed local corruption risks, leading U.S. businesspeople to ask more questions about best practices for managing them. THE FCPA IN LATIN AMERICA by MATTESON ELLIS, the first book to take a regional and cultural approach to FCPA compliance and enforcement matters, helps unpack the tectonic anti-corruption shifts underway in the region. It explains how U.S. companies tend to confront cultural, historical, geographical, and language barriers when implementing FCPA compliance programs with their neighbors to the South, and provides advice for navigating these challenges. It also educates Latin Americans on the FCPA, those wondering how a United States anti-corruption law could possibly apply to their own work. The book aims to guide these various audiences. To do so, it focuses on one of the most challenging and cutting-edge aspects of FCPA compliance, and an area for which little has yet been written – crossing cultural barriers to make compliance strategies effective. The book explores the nature of unique corruption risks as well as proven strategies to bridge cultural divides that often make compliance difficult to implement successfully on the ground. It does so through the eyes of Matteson Ellis, an anti-corruption attorney who speaks Spanish and Portuguese and has years of experience working on these issues in various parts of the region.

Foreign Corrupt Practices Act

A Practical Resource for Managers and Executives

Author: Aaron G. Murphy

Publisher: John Wiley & Sons

ISBN: 9780470939635

Category: Business & Economics

Page: 240

View: 6812


A thoroughly pragmatic guide to the U.S. Foreign Corrupt Practices Act (FCPA) This is a critical FCPA training resource for executives, managers, sales, marketing, finance and accounting personnel, as well as high level professionals. The ideal resource for any business that takes FCPA compliance seriously and truly desires to foster a deep understanding of real-world corruption issues in their employees A great resource for business school courses on international business or business ethics and anyone interested in understanding these issues for their own professional growth Includes in-depth analysis of all major FCPA risk areas, including discussions of how FCPA issues arise in real-world business situations Covers all aspects of bribery and FCPA compliance issues to ensure that your business is not exposing itself to financial scandal or criminal prosecution FCPA compliance is mandatory for nearly all international businesses operating in today's global economy. This book serves as the perfect training tool to mitigate your organization's risk to FCPA violations, which is one of the top enforcement priorities for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).

The FCPA and U.K. Bribery Act

A Ready Reference for Business and Lawyers

Author: Vivian Robinson,Stuart H. Deming,Truman K. Butler

Publisher: Amer Bar Assn

ISBN: 9781627222280

Category: Law

Page: 138

View: 5395


Written by the leading experts, this primer on the FCPA and UK Bribery Act provides a ready reference for businesses, lawyers and others with limited expertise. This book provides: • Easy explanations on how each law is applied. • Guidance as to what companies and other organizations should be doing to comply with both the FCPA and the UK Bribery Act. • Checklist of needs to be considered to comply with both laws for an effective compliance program.

The Foreign Corrupt Practices Act Handbook

A Practical Guide for Multinational General Counsel, Transactional Lawyers and White Collar Criminal Practitioners

Author: Robert W. Tarun

Publisher: American Bar Association

ISBN: 9781604429510

Category: Law

Page: 538

View: 8749


Identifies all of the major FCPA risk areas and then offers very thoughtful and practical suggestions for how companies can most effectively address these risks and conduct credible investigations. You'll find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation.

Why They Do It

Inside the Mind of the White-Collar Criminal

Author: Eugene Soltes

Publisher: N.A

ISBN: 1610395360

Category: Business & Economics

Page: 352

View: 3277


How to Pay a Bribe

Thinking Like a Criminal to Thwart Bribery Schemes (2016)

Author: Alexandra Wrage

Publisher: Createspace Independent Publishing Platform

ISBN: 9781523735396


Page: 106

View: 5099


Revisit the furtive corporate backroom dealings of bribery and corruption in this third collection of works by investigative journalists, former prosecutors and bribery experts from around the world. Behind the newspaper headlines and government investigations, these are the true to life stories of what leads people down bribery's crooked path. Explore the unscrupulous lengths to which some will go in order to win business, from setting up shady offshore front companies in the Caribbean to bogus charities in Eurasia. Whether you are a seasoned compliance expert or new to the field, each chapter in this collection offers practical advice while remaining an immensely engaging read.

The Complete Compliance Handbook

A Guide to Operationalizing Your Compliance Program

Author: Thomas Fox

Publisher: N.A

ISBN: 9781783583300


Page: 554

View: 5157


Thomas Fox, the Compliance Evangelist, is one of the leading writers, thinkers and commentators on the nuts and bolts of compliance. His always practical advice is now available in one volume, The Complete Compliance Handbook. This book incorporates the most recent pronouncements and guidance from the Department of Justice, including 2017's Evaluation of Corporate Compliance Programs and FCPA Corporate Enforcement Policy, to provide the most up-to-date advice on what constitutes a best practices compliance program. In this single volume compendium, Fox brings together the tops ideas, topics and techniques you can incorporate your compliance program, literally in 31-days to more fully operationalize your compliance regime. If you want one volume to guide you in operationalizing compliance, this is it. The book is designed to provide you with a step-by-step guide to the design, creation, implementation of or enhancement to a compliance program. It begins with 31-days to a more effective compliance program. Each entry presents one thing you can accomplish, at little to no cost, to improve any level of compliance program. There are three key-takeaways for each entry. The final chapter goes through the same process for you to operationalize your compliance program. In between these bookends, The Complete Compliance Handbook features chapters on: -Operationalizing Compliance Through Human Resources -The Role of the Board of Directors and Compliance -360-Degrees of Communication in Compliance -Better Third-Party Risk Management -Reporting and Investigations -Internal Controls -Innovation in Compliance -Written Standards -More Effective Compliance for Business Ventures -Continuous Improvement The author, Thomas Fox, has written 15 books on compliance, leadership and business ethics. He founded the Compliance Podcast Network and has one of the largest social media presences in compliance. He has worked in the compliance arena for over 10 years and draws upon his many years of experience in the profession to create this single volume which will become the standard 'nuts and bolts' text on compliance. Fox's writing style is suited for any skill level of compliance practitioner or maturity of corporate compliance program.

The Trust Puzzle

How to Keep Your Company on the Ethical High Road

Author: Frank Bucaro

Publisher: Networlding Publishing

ISBN: 1944027025

Category: Business & Economics

Page: 146

View: 5789


The Trust Puzzle: How to Keep Your Company on the Ethical Highroad If you want to know more about how to keep your company on the ethical high ground, then stop reading this right now and download The Trust Puzzle: How to Keep Your Company on the Ethical Highroad! Over 30 years as a professional speaker and author have given Frank Bucaro the information necessary to compile a detailed list of insights, wisdoms, and applications to help guide you through value-based leadership development. It doesn’t matter if you have been in business for several years, or several days, ethics are a crucial part of any business and vital to its success. Ethics are the standard behavior that helps us to distinguish acceptable and unacceptable behavior in the workplace with a focus on leaders, managers, bosses and owners. Ethics start at the top of the business or company and then flow down, being accepted and followed through the examples that are set. Download The Trust Puzzle now to begin learning how you can create a better working environment for you, your employees and clients. Inside The Trust Puzzle you will discover and learn: Growing a Great Reputation and What This Means to Your BusinessBuilding Your Companies Trust and Loyalty and How to Implement ItHow to Develop a Moral Compass and What This Means to YouThe Process Behind Creating Accountable LeadershipThe Benefits Behind Practicing StewardshipHow to Proceed and much more!!! Through his experience in the business community, Frank Bucaro has gained many insights into the problems that are facing businesses and how to fix them. Narrowing these down to the five main points found inside the book will help keep companies, businesses and their employees on the ethical high road. This book is a definite “no nonsense” guide on how to create the ethics you need and build them into your business or company. If you want to take your business to the next level and ensure that it remains successful, then scroll back up to the top of this page and click BUY IT NOW! Containing over thirty years of industry experience and knowledge, you won’t be disappointed!

Compliance empresarial

O tom da liderança

Author: Edmo Colnaghi Neves

Publisher: Editora Trevisan

ISBN: 8595450331

Category: Business & Economics

Page: 256

View: 5693


O livro trata de Compliance, Legislação correlata, Governança Corporativa e o papel do líder de Compliance nas organizações. Na parte inicial, com base nas experiências práticas vividas e compartilhadas pelo autor, o leitor desvenda os passos fundamentais para implementar e desenvolver um Programa de Compliance: o tom da liderança, mapeamento de riscos, código de conduta e políticas de compliance, comunicação, treinamento, canais de denúncias, investigações, comitê disciplinar, controles, auditorias, monitoramento e aprimoramento. Posteriormente, o autor explora os temas da legislação internacional e nacional, bem como sua dimensão no universo mais amplo da Governança Corporativa e o papel do líder de Compliance nesse contexto.

Corruption and the Global Economy

Author: Institute for International Economics (U.S.)

Publisher: Peterson Institute

ISBN: 9780881322330

Category: Business & Economics

Page: 244

View: 2922


The OECD convention outlawing bribery of foreign public officials is welcome evidence of how much progress has been made in the battle against corruption. The financial crisis in East Asia is an indication of how much remains to be done. Corruption is by no means a new issue, but it has only recently emerged as a global issue. As the global implications of corruption have grown, so has the impetus for international action to combat it.

Tough Calls

How to Move Beyond Indecision and Good Intentions

Author: Linda D. Henman

Publisher: N.A

ISBN: 9781631576904

Category: Business & Economics

Page: 150

View: 8675


As my clients emerged from the global economic turmoil that began in 2008, I began to see what others didn't see. Something was standing in their way-usually the unwillingness or inability to make a critical decision. They thought they needed more-more education, more experience, more time, or more data. They had enough of these, but they lacked the confidence, courage, and optimism to make the tough calls. Through our work together, we learned that when leaders make good decisions, little else matters. When they refuse to make decisions, or show a pattern of making bad ones, nothing else matters. The most successful leaders realized they could no longer push growth. Instead, they had to remove barriers to success-obstacles they had erected themselves. The compelling stories and surprising research findings in this book focus on real people who actively sought professional improvement and personal development. Working together, we mapped out their journeys, identified roadblocks, recognized the wrong turns they had taken, and unlocked their decision-making potential-in some cases, more than doubling the size of their companies. Most of these stories illustrate how and why these leaders succeed, but others serve as warnings about what can happen when leaders refuse to decide.

Structuring international contracts

Author: Dennis Campbell,Center for International Legal Studies

Publisher: Kluwer Law Intl


Category: Law

Page: 356

View: 6417


Practising lawyers, each a specialist in his or her field, examine vital provisions in international contracts, including: contract proposals and letters of intent general conditions letters of credit and bank guarantees terms of delivery storage shipment and insurance excusable delay and hardship liquidated damages and penalties warranties and performance guarantees limitation of liability governing law and dispute resolution. The contributors also review a variety of particular types of contracts common in international transactions, including agency and distribution agreements, franchising contracts, licensing agreements, construction contracts, joint venture agreements, and turnkey contracts. The 21 contributors represent 10 jurisdictions and many years of practice in the international sector. Their aim has been to treat each topic from a practitioner's perspective, with emphasis on those issues most relevant to a day-to-day law practice.

Bribery and Corruption

Navigating the Global Risks

Author: Brian P. Loughman,Richard A. Sibery

Publisher: John Wiley & Sons

ISBN: 1118166205

Category: Business & Economics

Page: 432

View: 434


As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis. The FCPA prohibits US companies and their subsidiaries from bribing foreign officials, either directly or indirectly through intermediaries, for the purpose of obtaining or retaining business. It also requires companies to keep accurate records of all business transactions and maintain an effective system of internal accounting controls. Internationally, the Organization of Economic Cooperation and Development's (OECD's) anti-bribery convention has been adopted by 38 countries and creates legally binding standards related to bribery of foreign public officials. Written by renowned accounting fraud experts Richard A. Sibery and Brian P. Loughman, and providing an introduction and overview of the Foreign Corrupt Practices Act (FCPA) and international bribery laws, Bribery and Corruption considers: How to conduct FCPA risk assessments and investigations How to consider FCPA specific financial controls How to implement an FCPA compliance program and how to measure FCPA compliance The risk of bribery and corruption continues to be an area of concern for companies around the world, but armed with Bribery and Corruption, it is easier than ever to understand the challenges that exist and how to deal with them.

Bribery and Extortion

Undermining Business, Governments, and Security

Author: Alexandra Addison Wrage

Publisher: Greenwood Publishing Group

ISBN: 9780275996499

Category: Political Science

Page: 162

View: 8025


Details the world of high-level bribery and its destructive impact on security, democratization, and human aid around the world.

How to Pay a Bribe

Author: Alexandra Addison Wrage

Publisher: CreateSpace

ISBN: 9781494402068

Category: Business & Economics

Page: 104

View: 5344


Revisit the furtive corporate backroom dealings of bribery and corruption in this second collection of works by authors, journalists, prosecutors and bribery experts from around the world. Behind the newspaper headlines and government investigations, these are the true to life stories of what leads people down bribery's crooked path. Explore the unscrupulous lengths to which some will go in order to win business, from using shady offshore front companies in the British Virgin Islands to setting up bogus charities in Eastern Europe. Whether you are a seasoned compliance expert or new to the field, each chapter in this collection offers practical advice while remaining an immensely engaging read.

The Foreign Corrupt Practices Act

Compliance, Investigations and Enforcement

Author: Martin Weinstein,Robert J. Meyer (Attorney),Jeffrey D. Clark (Attorney)

Publisher: Law Journal Seminars Press

ISBN: 9781588521828

Category: Law

Page: N.A

View: 1511


The authors, expert practitioners specializing in FCPA cases, reveal numerous hidden pitfalls and provide helpful guidance for attorneys dealing with almost any FCPA-related eventuality.

Drivers of Corruption

A Brief Review

Author: Tina Søreide

Publisher: World Bank Publications

ISBN: 1464804028

Category: Law

Page: 92

View: 5671


This report provides an overview of arguments explaining the risk of corruption. Corrupt acts are subject to decision making authority and assets available for grabbing. These assets can be stolen, created by artificial shortage, or become available as the result of a market failure. Assets that are especially exposed to corruption include profits from the private sector, revenues from the export of natural resources, aid and loans, and the proceeds of crime. Whether or not opportunities for corruption are exploited depends on the individuals involved, the institution or society they are part of, and the law enforcement circumstances. Corruption usually persists in situations in which players are aware of the facts but nonetheless condone the practice. Absence of reaction can result from information asymmetries (in which the people who are supposed to act are not aware of the need to act), coordination failure, patronage-determined loyalty, and incentive problems at the political level. This review of results and insights from different parts of the scholarly literature on corruption focuses on areas where research can guide anticorruption policy. The report also describes a number of corruption-related challenges in need of more attention from researchers.

Performance Accountability and Combating Corruption

Author: Anwar Shah

Publisher: World Bank Publications

ISBN: 0821369423

Category: Business & Economics

Page: 418

View: 1455


Performance based oversight and accountability can serve as an important antidote to government corruption, inefficiency, and waste. This volume provides an analytical framework and operational approaches needed for the implementation of results-based accountability. The volume makes a major contribution to the literature on public management and evaluation. Major subject areas covered in this book include: performance based accountability, e-government, network solutions to performance measurement and improvement; institutions of accountability in governance; legal and institutional framework to hold government to account; fighting corruption; external accountability; ensuring integrity of revenue administration; the role of supreme audit institutions on detecting fraud and corruption; and the role of parliamentary budget offices and public accounts committees.