Counsel to Counsel - September 2008 - (Page 22) global perspectives “A well-designed compliance program will alert company personnel to these issues and who they can contact to discuss any ethics question or concern,” explains Zucker, a litigation partner at Patton Boggs. “If employees know that they can seek guidance, potential FCPA violations may be avoided.” Clearly, many companies have not taken the message to heart. According to Zucker, FCPA prosecutions are at an all-time high in the United States, and countries globally also have stepped up corruption enforcement to unprecedented levels. FocuS: FcPA corruption enforcement up, Here and Abroad By Steven Andersen “corruption is nothing new, but as shown by the Siemens case and others, governments around the world are starting to do something about it.” New Teeth “Corruption is nothing new, but as shown by the Siemens case and others, governments around the world are starting to do something about it,” says Theodore “Ted” Sonde, a partner in Patton Boggs’ Securities and Exchange Commission enforcement practice and a former associate director in the SEC’s enforcement division. The ongoing Siemens case is shaping up to be the granddaddy of all corruption prosecutions. According to The Wall Street Journal, internal investigations have so far uncovered over $2 billion in suspicious transactions. A former CFO has been implicated, as well as other senior executives and at least one board member; the current CFO was recently cleared after an internal investigation proved he was not involved. Siemens presents a dramatic example of systemic corruption in which paying bribes to foreign officials was a widely ©iStockphoto.com/Paul Kooi J 22 ust the other day, Jennifer Zucker got this call from a client: Are there any exceptions given the circumstances? There may be. So, what can we do? If only it were always that easy. The client’s dilemma—commonplace and benign as it may seem—could have run afoul of the Foreign Corrupt Practices Act (FCPA). One of our Embassy contacts, who happens to be a high-level government official, is undergoing a serious operation. We would like to send a $200 fruit basket to the hospital. Are there any rules that would prohibit us from doing so? There are. LexisNexis® Martindale-Hubbell® http://www.iStockphoto.com/P
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