Practicing Under the U.S. Anti-Corruption Laws
Company & Insolvency LawCovington Joseph P., Bennett Iris E.
Aspen Publishers
Data aparitiei: 17 Feb 2010
Nr pagini : 0
Providing comprehensive coverage of the representation process from planning the prevention and compliance program through internal and governmental investigation, enforcement, and post-investigation compliance, Practicing Under the U.S. Anti-Corruption Laws provides all the information you need to ensure that your client stays in compliance.
With the SEC and DOJ having broadened the scope of anti-corruption activities, prosecutors have succeeded in expanding the reach of the FCPA . It is now more important than ever for public companies to increase their anti-corruption compliance efforts and voluntarily disclose potential violations in an attempt to avoid the high penalties that have become common. The reach of the FCPA has been expanded to encompass:
- US citizens working anywhere in the world
- Foreign citizens working for US companies
- Foreign citizens working for foreign companies that trade on a US exchange
- Company distributors and other third-party partner
Moreover, the SEC, DOJ, and FBI have shown an increased willingness to:
- Prosecute individuals as well as companies
- Pursue foreign companies, even where that company is under investigation by another country (e.g., Siemens)
- Impose substantial monetary penalties, at times reaching $40-$50 million.
- Develop cases without relying on voluntary disclosures; and
- Target particular industries (e.g. technology and medical device companies, as well as companies participating in the UN Iraq Oil-for-Food Program)
This expansion has made anti-corruption compliance a focus of all public companies, and has heightened the need for client advisement on implementing compliance programs, reporting violations, cooperating with investigations, and undertaking extensive due diligence to ensure compliance of target companies in merger and acquisition activity.
Everything You Need to Keep Your Clients in FCPA Compliance!
Only Practicing Under the U.S. Anti-Corruption Laws delivers:
- Coverage of all U.S. Anti-Corruption laws, with a focus on the FCPA , but also including: SOX, USA PATRIOT Act, OFAC regulations, Travel Act, mail and wire fraud statutes, and AML statutes
- Expert insight into the FCPA’s detailed compliance requirements
- Expertly crafted compliance tips
- An international chapter that includes activities in China, Germany, India, Mexico, Nigeria, and Russia by Alexandra Wrage, President and Founder, TRACE International
- An SEC enforcement chapter by Larry Ellsworth, Partner, Jenner & Block
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