Main Justice |
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April 26, 2013
Two civil defendants are calling the Foreign Corrupt Practices Act unconstitutionally vague with regard to behavior that has made them the subject of a foreign bribery lawsuit by the Securities and Exchange Commission.
WSJ.com Risk & Compliance Journal |
April 26, 2013
The SEC’s non-prosecution agreement with Ralph Lauren Corp. this week may signal increased out-of-court settlements brought by the agency, in a bid to avoid withering judicial attacks.
Argentina wants the U.S. Securities and Exchange Commission to name names and provide proof that Ralph Lauren Corp. bribed customs officials for years to allow its products into the South American country.
Non-prosecution and deferred prosecution agreements (NPAs, DPAs) are the most troubling and toxic feature of our criminal justice system relevant to business organizations.
WSJ.com Risk & Compliance Journal |
April 24, 2013
Enforcement of the Foreign Corrupt Practices Act and other anti-corruption laws and regulations is a reason for optimism that fraud of the type that led to the Ralph Lauren Corp. settlement with the U.S. government will decline, said one longtime anti-money laundering advocate.
The juggernaut that is enforcement of the Foreign Corrupt Practices Act appeared to get off to a slow start this year: depending on how one classifies cases, there was either zero or one enforcement action taken in the first quarter of 2013, according to the latest report from Miller & Chevalier.
National Law Journal |
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April 23, 2013
Apparel company Ralph Lauren Corp. has agreed to give up $700,000 in profits to resolve bribery allegations, marking the U.S. Securities and Exchange Commission's first nonprosecution agreement involving Foreign Corrupt Practices Act misconduct.
One year ago, the New York Times ran a major story titled “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle.” The conduct at issue in the Times article related to Wal-Mart’s largest foreign subsidiary, Wal-Mart de Mexico (Wal-Mart Mexico), and suggested that Wal-Mart Mexico “orchestrated a campaign of bribery to win market dominance” and that the entity “paid bribes to obtain permits in virtually every corner” of Mexico.
While the ATS and Foreign Corrupt Practices Act are separated by 188 years in terms of enactment, the statutes have often being viewed by some as siblings, or at least distant cousins within the same family.