International investigations are the heart and soul of FCPA inquiries. As denoted by its title, the Foreign Corrupt Practices Act deals with bribes and offers to foreign officials and those of foreign state owned enterprises.
Entries in Attorney-Client Privilege (32)
In a speech this week to compliance professionals at the European Compliance and Ethics Institute in Prague, the general counsel of the UK Serious Fraud Office talked about attorney-client privilege in connection with SFO corruption investigations.
The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that documents produced during an internal corporate investigation are protected by attorney client privilege and don't have to be disclosed to a whistleblower who alleged the company took kickbacks from subcontractors during the Iraq war.
The DOJ and SEC expect diverse functional areas of organizations to participate in compliance risk assessments. Among them are compliance, legal, internal audit, procurement, and finance. Human resources, marketing, and public relations also usually have a role.
Prosecutors in Colombia charged six current and former employees of the state-controlled oil company with taking bribes from services company PetroTiger Ltd.
A federal judge in New Jersey ruled last week that prosecutors can use secret video recordings in the trial of the former PetroTiger CEO that the FBI made with a camera attached to the executive's lawyer.
The veil of secrecy that the "old" Walmart drew over bribery allegations in Mexico since 2005 is falling apart. One reason is because the "new" Walmart has taken robust compliance initiatives and is more transparent. Another reason is because the Delaware Supreme Court is forcing the world's biggest retailer to open up about the past.
Walmart argued Thursday to the Delaware Supreme Court that shareholders aren't entitled to internal documents from an FCPA investigation that might show what executives and directors knew about alleged bribes paid to officials in Mexico.
Undoubtedly, the most helpful decision this year for UK-based white collar crime lawyers was a tax related case in which the Supreme Court refused to extend legal advice privilege “LAP” to other professionals by reference to a legal function test. A copy of the decision is here (in pdf).
A Dutch in-house lawyer with a law degree but no license isn't entitled to the attorney-client privilege, a recent federal case held.