Examining Enforcement of the Foreign Corrupt Practices Act

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781978083134
Total Pages : 110 pages
Book Rating : 4.0/5 (831 download)

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Book Synopsis Examining Enforcement of the Foreign Corrupt Practices Act by : United States Congress

Download or read book Examining Enforcement of the Foreign Corrupt Practices Act written by United States Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-10-09 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining enforcement of the Foreign Corrupt Practices Act: hearing before the Subcommittee on Crime and Drugs of the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, second session, November 30, 2010.

Examining Enforcement of the Foreign Corrupt Practices Act

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Publisher :
ISBN 13 : 9781695901360
Total Pages : 110 pages
Book Rating : 4.9/5 (13 download)

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Book Synopsis Examining Enforcement of the Foreign Corrupt Practices Act by : United States Senate

Download or read book Examining Enforcement of the Foreign Corrupt Practices Act written by United States Senate and published by . This book was released on 2019-09-27 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining enforcement of the Foreign Corrupt Practices Act: hearing before the Subcommittee on Crime and Drugs of the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, second session, November 30, 2010.

Examining Enforcement of the Foreign Corrupt Practices Act

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Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Examining Enforcement of the Foreign Corrupt Practices Act by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Crime and Drugs

Download or read book Examining Enforcement of the Foreign Corrupt Practices Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Crime and Drugs and published by . This book was released on 2011 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Examining Enforcement of the Foreign Corrupt Practices Act

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Publisher :
ISBN 13 :
Total Pages : 105 pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis Examining Enforcement of the Foreign Corrupt Practices Act by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Crime and Drugs

Download or read book Examining Enforcement of the Foreign Corrupt Practices Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Crime and Drugs and published by . This book was released on 2011 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt:

S. Hrg. 111-1005

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Publisher : BiblioGov
ISBN 13 : 9781289589554
Total Pages : 112 pages
Book Rating : 4.5/5 (895 download)

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Book Synopsis S. Hrg. 111-1005 by : U. S. Government Printing Office (Gpo)

Download or read book S. Hrg. 111-1005 written by U. S. Government Printing Office (Gpo) and published by BiblioGov. This book was released on 2013-09 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.

An Examination of Foreign Corrupt Practices Act Issues

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis An Examination of Foreign Corrupt Practices Act Issues by : Mike Koehler

Download or read book An Examination of Foreign Corrupt Practices Act Issues written by Mike Koehler and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of this article provides an overview of FCPA enforcement in 2012 and discusses enforcement trends. Part II of this article identifies the top FCPA issues from 2012 and examines the following issues: (A) the wide gap between corporate and individual FCPA enforcement actions, relevant data points that help explain the gap, and recent setbacks when the Department of Justice is held to its burden of proof in individual actions; (B) the origins and prominence of a key FCPA enforcement theory that yielded a high percentage of FCPA enforcement actions in 2012; and (C) how substantively insignificant events in 2012 became top stories simply because they occurred. This examination of top FCPA issues should provide readers an informed base in analyzing enforcement trends, assessing enforcement agency rhetoric and policy positions, and in sifting through the mounds of information disseminated by FCPA Inc.

Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act by : Stephen J. Choi

Download or read book Foreign Affairs and Enforcement of the Foreign Corrupt Practices Act written by Stephen J. Choi and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We examine factors that might explain how sanctions imposed in Foreign Corrupt Practices Act (FCPA) enforcement actions vary across the firms and countries implicated using a dataset of FCPA actions resolved from 2004 to 2011. We find evidence that the sanctions in an individual FCPA action are positively correlated with the egregiousness and extensiveness of the bribe. The sanctions also increase if the ultimate parent company of entities involved in the FCPA violation is foreign and if foreign regulators are involved in the action. At the country level we report evidence that the SEC and DOJ impose greater aggregate sanctions for violations in countries with a lower GNI per capita and weaker local anti-bribery institutions. The SEC and DOJ also impose disproportionately greater aggregate sanctions for violations where the home country of the ultimate parent company of FCPA defendants has a greater GNI per capita, stronger anti-bribery institutions, and a cooperation agreement with U.S. regulators. Overall, these findings suggest that factors besides those deemed relevant by U.S. and international law influence enforcement of the FCPA.

The Foreign Corrupt Practices Act in a New Era

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781954410
Total Pages : 417 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis The Foreign Corrupt Practices Act in a New Era by : Mike Koehler

Download or read book The Foreign Corrupt Practices Act in a New Era written by Mike Koehler and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the Šworld�s most ethical FCPA violators,� Šthe faˆade of

Foreign Corrupt Practices Act Fundamentals

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Foreign Corrupt Practices Act Fundamentals by : Jessica Tillipman

Download or read book Foreign Corrupt Practices Act Fundamentals written by Jessica Tillipman and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Corrupt Practices Act (FCPA) enforcement activity is currently at its highest level since enactment of the statute in 1977. There were more enforcement actions brought in 2007 than in the years from 2004 to 2006 combined. The message is clear - the U.S. Government is committed to FCPA compliance and there is no evidence enforcement activity will slow any time soon. This article provides a general overview of the FCPA, including a primer on the legislation's core components: the antibribery prohibitions and the books and records provisions. The article also provides practical guidance with respect to the more challenging provisions of the Act, including the two affirmative defenses and the legislation's exception for “grease” or “facilitating” payments. The article also examines recent trends in FCPA enforcement, such as the increased prosecution of foreign companies and voluntary disclosures by corporate entities. This broad and practical overview of the FCPA is an excellent resource for anyone interested in learning more about this robust anticorruption regime.

Foreign Corrupt Practices Act Compliance Guidebook

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Publisher : John Wiley & Sons
ISBN 13 : 047062244X
Total Pages : 384 pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis Foreign Corrupt Practices Act Compliance Guidebook by : Martin T. Biegelman

Download or read book Foreign Corrupt Practices Act Compliance Guidebook written by Martin T. Biegelman and published by John Wiley & Sons. This book was released on 2010-04-07 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.

Big, Bold, and Bizarre

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Big, Bold, and Bizarre by : Mike Koehler

Download or read book Big, Bold, and Bizarre written by Mike Koehler and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2010, Justice Department Assistant Attorney General Lanny Breuer proclaimed “a new era of FCPA enforcement; and we are here to stay.” This new era has already witnessed several developments worthy of discussion and examination. In Part I of this article, I agree that a new era of Foreign Corrupt Practices Act (“FCPA”) enforcement has indeed arrived; and I demonstrate, using 2010 FCPA enforcement actions and related developments, how big FCPA enforcement has become. That a new era of FCPA enforcement has arrived, begs the question however of why it has arrived given that the FCPA itself has not changed since 1998. I demonstrate that much of the largeness of FCPA enforcement in 2010 was the result of bold enforcement theories that seemingly conflict with congressional intent in enacting the FCPA. Part I of this article also demonstrates that FCPA enforcement in 2010 was more than just big and bold: it was also bizarre. Among other things, FCPA enforcement suffers from several inherent contradictions; and despite lofty anti-bribery rhetoric from the enforcement agencies, bribery and corruption is tolerated by certain companies in certain industries and for other strategic reasons. Against the backdrop of a big, bold, and bizarre year in FCPA enforcement, Part II of this article highlights how 2010 was also defined by increased scrutiny of the FCPA itself and FCPA enforcement by the judiciary, Congress, the FCPA bar, and international monitor groups. This scrutiny crested in November 2010 when a Senate committee held oversight hearings on the FCPA, during which certain Senators also expressed concerns regarding the FCPA's new era and a desire to reform the FCPA. Part III of this article highlights 2010 developments related to the FCPA and FCPA enforcement, such as debarment issues and passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This article concludes with Part IV, a look at the road ahead, as this new era of enforcement begins.

Two Essays on the Foreign Corrupt Practices Act

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Publisher :
ISBN 13 : 9781339663975
Total Pages : 120 pages
Book Rating : 4.6/5 (639 download)

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Book Synopsis Two Essays on the Foreign Corrupt Practices Act by : Trevor T. Shonhiwa

Download or read book Two Essays on the Foreign Corrupt Practices Act written by Trevor T. Shonhiwa and published by . This book was released on 2016 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is currently a rapid increase in enforcement activity for violations of the Foreign Corrupt Practices Act of 1977. Extant research also shows that both the direct and indirect costs to the implicated firms have skyrocketed. However, there is still considerable debate over the application of the enforcement program. Critics argue that the recent increases in enforcement activity is a result of over-regulation. This study contributes to the current debate by examining whether auditors, another vital actor in capital market efficiency, evaluate FCPA violators to be risker firms than their peers. I examine audit fees and audit report lags pre- and post-enforcement action. This includes an analysis of auditor turnover and audit fee changes. Furthermore, there is little information on the efficacy of FCPA enforcement in improving corporate governance. In essay two, I investigate whether firms that violate the FCPA subsequently implement internal governance changes. I conduct a difference-in-differences analysis to compare the pre- and post-governance characteristics for FCPA violators versus a propensity score-matched control sample. The results refute the over-regulation notion by showing that auditors also evaluate FCPA riskier. The enforcement activity appears effective in improving corporate governance.

Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788114930
Total Pages : 304 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws by : Mike Koehler

Download or read book Strategies for Minimizing Risk Under the Foreign Corrupt Practices Act and Related Laws written by Mike Koehler and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: 'you just don't bribe.' The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.

Overview of the Foreign Corrupt Practices Act

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Publisher : John Wiley and Sons
ISBN 13 : 0470909714
Total Pages : 29 pages
Book Rating : 4.4/5 (79 download)

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Book Synopsis Overview of the Foreign Corrupt Practices Act by : Martin T. Biegelman

Download or read book Overview of the Foreign Corrupt Practices Act written by Martin T. Biegelman and published by John Wiley and Sons. This book was released on 2010-12-16 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extract is from chapter 2 in Foreign Corrupt Practices Act Compliance Guidebook, by Martin T. Biegelman and Daniel R. Biegelman. The focus is on an understanding of the Foreign Corrupt Practices Act (FCPA) statute, its enforcement policies and penalties, as well as important case law and the role of government. It is not just large, multinational companies that are violating the FCPA; it is also smaller, private companies and individuals who are employing questionable practices. This chapter provides an overview of the statute and how it is applied to best ensure compliance.

Between Impunity and Imperialism

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Publisher : Oxford University Press, USA
ISBN 13 : 0190070803
Total Pages : 345 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Between Impunity and Imperialism by : Kevin E. Davis

Download or read book Between Impunity and Imperialism written by Kevin E. Davis and published by Oxford University Press, USA. This book was released on 2019 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.

Cross-National Patterns in FCPA Enforcement

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Cross-National Patterns in FCPA Enforcement by : Nicholas McLean

Download or read book Cross-National Patterns in FCPA Enforcement written by Nicholas McLean and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Note undertakes an empirical examination of U.S. enforcement actions under the Foreign Corrupt Practices Act (FCPA) in order to explore the cross-national patterns associated with the United States' international antibribery enforcement. I investigate a number of possible determinants of FCPA enforcement, including variation in the level of U.S. foreign direct investment (FDI), cross-national variation in corruption levels, the level of foreign regulatory and enforcement cooperation with the United States, and U.S. foreign policy interests. I find that higher levels of U.S. FDI and higher levels of corruption are significantly associated with increased FCPA enforcement, as is the presence of bilateral mechanisms of enforcement cooperation. In contrast, other variables -- including the level of foreign policy alignment between the host nation and the United States -- do not appear to be associated with variation in FCPA enforcement. In addition, I find that cross-national variation in the number of FCPA cases in a given country is much more closely associated with actual recorded experience with corruption (as measured by cross-national survey instruments) than with more widely used measures of corruption perceptions. Finally, I employ data on past enforcement actions to generate a cross-national measure of the “FCPA enforcement-action intensity” of U.S. FDI, and I consider the potential use of such an index as a measure of FCPA country risk.

Lanny Breuer and Foreign Corrupt Practices Act Enforcement

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Publisher :
ISBN 13 :
Total Pages : 6 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Lanny Breuer and Foreign Corrupt Practices Act Enforcement by : Mike Koehler

Download or read book Lanny Breuer and Foreign Corrupt Practices Act Enforcement written by Mike Koehler and published by . This book was released on 2013 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines Foreign Corrupt Practices Act enforcement and related issues during Lanny Breuer's tenure as Assistant Attorney General of the Justice Department's Criminal Division. It demonstrates that Breuer's tenure was not as glowing as DOJ suggests and shows that FCPA enforcement under Breuer raised significant public policy issues that need to be addressed by his successor.