Author Archives for David N. Kelley and Bradley J. Bondi

Gleaning Best FCPA Practices for Directors from Recent Government Actions

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The Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign public officials in order to obtain or retain business. While management primarily oversees the company’s compliance with the FCPA, directors also play an important role in overseeing these risks. According to a 2012 FCPA resource guide by the Securities and Exchange Commission (SEC) and Department of Justice (DOJ), “compliance begins with the board of directors and senior executives setting the proper tone for the rest of the company.” That view by the two primary enforcing bodies of the FCPA has predominated recent enforcement actions. The government’s resource guide lists the... Read More