Higher Education Institutions are Beginning to Get an Education in the FCPA

By Andrew S. Boutros and Craig B. Simonsen

Seyfarth Synopsis: No differently than companies doing business overseas—especially in high-risk markets—American colleges and universities who do business overseas face real risks of violating the Foreign Corrupt Practices Act and must be mindful of the enforcement landscape that applies to these criminal violations. Robust and effective compliance programs remain the antidote … Continue Reading

In a speech delivered at The George Washington University Law School, DOJ Criminal Division Chief Leslie Caldwell reported that the one-year pilot program in the Fraud Section’s FCPA Unit (the “FCPA Pilot Program”) has resulted in an increase in companies self-reporting potential FCPA violations.The FCPA Pilot Program encourages companies to self-disclose potential FCPA violations, cooperate […]
Last Four Months of DOJ’s FCPA Pilot Program Could Provide Important Signals Last April, the Criminal Division of the U.S. Department of Justice launched a one-year pilot program in the Fraud Section’s Foreign Corrupt Practices Act (“FCPA”) Unit.  The pilot program, self-described as “building” on the Yates memorandum, provides structured incentives for companies to self-disclose, cooperate, and remediate with respect to FCPA violations.  The remaining four months… Continue Reading
Embraer’s FCPA Deferred Prosecution Agreement and $205 Million Payment Demonstrate Need for Adequate Internal Controls Brazilian aircraft manufacturer Embraer SA (“Embraer”) will pay the United States government $205 million to settle allegations that the company violated the Foreign Corrupt Practices Act (“FCPA”) by paying millions in bribes and falsifying accounting records.  The United States government asserted that Embraer bribed government officials within the Dominican Republic, Saudi Arabia, and Mozambique with … Continue Reading
Yesterday, the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) announced that JPMorgan Chase & Co. (“JPMorgan”) and its Hong Kong-based subsidiary, JPMorgan Securities (Asia Pacific) Limited (“JPMorgan-APAC”), agreed to pay over $264 million to settle charges that JPMorgan violated the Foreign Corrupt Practices Act (“FCPA”) by providing jobs and internships to … Continue Reading
Brazilian Aircraft Maker Settles Bribery Charges for $205 Million On Tuesday October 25th, the Securities and Exchange Commission announced a global settlement along with the U.S. Department of Justice and Brazilian authorities that requires aircraft manufacturer Embraer S.A. to pay more than $205 million to resolve alleged violations of the Foreign Corrupt Practices Act (FCPA). The SEC’s complaint alleges that Embraer made more than $83 million in profits as… Continue Reading
On September 29, 2016, the Securities and Exchange Commission announced that Och-Ziff Capital Management Group will pay nearly $200 million to settle civil Foreign Corrupt Practices Act (FCPA) charges.  Combined with the expected criminal penalty of $213 million from the U.S. Department of Justice (DOJ), Och-Ziff’s $413 million settlement will land it fourth on the… Continue Reading
UK-Based biopharmaceutical company AstraZeneca agreed to pay the U.S. Securities and Exchange Commission (SEC) $5.5 million to settle claims that its Chinese and Russian subsidiaries had made improper payments to state-controlled health care providers in violation of the Foreign Corrupt Practices Act (FCPA). In an order released earlier this week, the SEC outlined both the […]
Earlier this year, the US Department of Justice announced a one-year pilot program under which US corporations could mitigate their own liability for violations of the Foreign Corrupt Practices Act (FCPA) by voluntarily self-disclosing FCPA violations within their organization, in addition to fully cooperating with DOJ investigations and taking steps to remediate any misconduct. Skeptics,… Continue Reading