Tickle The Wire » Oracle Investigation Latest in Trend in Foreign Corrupt Practice Act Crackdown by Justice Dept.

The Software company Oracle is being investigated by the FBI, reports the Guardian, in what some see as a trend in the increase of prosecutions under the foreign corrupt practices act (FCPA), which forbids U.S. companies from paying bribes to foreign government officials or employees of state-owned companies.

“Every week there seem to be more and more companies going through what Oracle is going through,” said Butler University professor Mike Koehler, who maintains a blog on the subject, according to The Guardian.

Koehler cited increasing globalization and the 2002 Sarbanes-Oxley Act, which brought stricter corporate disclosure requirements, for the increase. He said  FCPA actions in 2010 accounted for 50% of the fines levied by the Justice department’s criminal division.

via Tickle The Wire » Oracle Investigation Latest in Trend in Foreign Corrupt Practice Act Crackdown by Justice Dept..

Firms Vulnerable In Corrupt Practices Crackdown

Authorities have been escalating their campaign against corruption in the last few years, resulting in a sharp spike in enforcement actions in the United States and the enactment of a new anti-bribery law in the United Kingdom.

For years, the United States has led the way in the fight against corruption with the Federal Corrupt Practices Act, which prohibits companies with U.S. operations from engaging in corrupt practices overseas.

Although the law has been in effect since 1977, it is in the last few years that enforcement activity has skyrocketed. This comes at a time when other countries are also cracking down on corruption.

The U.K.’s Bribery Act, for instance, goes into effect in April 2011 and prohibits companies with U.K. operations from engaging in bribery. Germany and other members of the Organization for Economic Cooperation and Development also have increased investigations and are collaborating more with the United States.

As corporate business practices come under increasing scrutiny, U.S. companies that do business outside the country are more vulnerable than ever. The risk goes beyond their own internal operations.

Many companies that have solid policies in place for their own operations are vulnerable when it comes to their supply chains and past activities of entities that have been acquired in a merger or buyout.

Losses associated with this risk can be substantial. Businesses face the prospect of hefty defense costs as well as the possibility of fines and penalties if convicted. Individuals, including chief executives, chief financial officers and other executives can be charged with violations of the law and be sentenced to serve jail time. An investigation and negative publicity also can result in significant damage to a company’s reputation.

via Firms Vulnerable In Corrupt Practices Crackdown.

Regulatory Watch: Global Crackdown on Insider Dealings

(Westlaw Business) A global crackdown on insider trading is underway with regulators around the world taking an ever more scrupulous look at international securities deals. Regulators are even teaming up globally to ensure nefarious dealings are caught. Just yesterday the UK’s FSA announced that it had joined forces with SEC, FBI and DoJ as it seeks to bring charges against those individuals involved in a suspected transatlantic securities scam.

Not content to prosecute those suspected of insider training in the UK, the FSA is heading up a cross-border crack team of securities regulators for the first time to bring charges against a former Deloitte Tax partner and his wife to go along with those proceedings already instigated in the UK into a multi-million dollar insider trading scheme.

Arnold McClellan and his wife Annabel, of San Francisco, California were charged recently by the SEC for allegedly leaking confidential merger and acquisition information to family members overseas in the UK. According to court filings in the Northern District of California, the SEC alleges that Mrs McClellan’s sister, Miranda Sanders, reaped $3 million in profits from trading in derivatives ahead of mergers, half of which should have been funneled back to the McClellans through offshore entities.

The state side prosecutions parallel UK investigations announced by the FSA on the 25 November, that saw five individuals, including two former directors and one former senior trader of Blue Index Limited, a specialist Contract for Difference brokerage, charged with 17 counts of insider dealing, contrary to section 52 of the Criminal Justice Act 1993 for their part in the alleged scam.

via Regulatory Watch: Global Crackdown on Insider Dealings.

Foreign Corrupt Practices Act (FCPA) Alert: The DOJ’s FCPA Crackdown on the Pharmaceutical and Medical Devices Industry | Mintz Levin – Corporate Practice – JDSupra

The Foreign Corrupt Practices Act (FCPA), first enacted in 1977, prohibits issuers, domestic concerns, and foreign persons acting within the U.S. from corruptly making payments to foreign government officials in exchange for assistance in obtaining or enhancing business. Additionally, the FCPA requires all U.S. companies to maintain internal accounting controls and precise records of its transactions.

via Foreign Corrupt Practices Act (FCPA) Alert: The DOJ’s FCPA Crackdown on the Pharmaceutical and Medical Devices Industry | Mintz Levin – Corporate Practice – JDSupra.

Foreign Corrupt Practices Act (FCPA) Alert: The DOJ’s FCPA Crackdown on the Pharmaceutical and Medical Devices Industry | Mintz Levin – Corporate Practice – JDSupra

The Foreign Corrupt Practices Act (FCPA), first enacted in 1977, prohibits issuers, domestic concerns, and foreign persons acting within the U.S. from corruptly making payments to foreign government officials in exchange for assistance in obtaining or enhancing business. Additionally, the FCPA requires all U.S. companies to maintain internal accounting controls and precise records of its transactions.

via Foreign Corrupt Practices Act (FCPA) Alert: The DOJ’s FCPA Crackdown on the Pharmaceutical and Medical Devices Industry | Mintz Levin – Corporate Practice – JDSupra.

No Crackdown but Questions in Europe About Data Protection and the Cloud – ReadWriteCloud

German authorities have recently expressed skepticism about cloud computing and the potential it has for breaking data protection laws.

According to the Information Law Group, there is no imminent danger of a European crackdown but legal experts are advising international companies to address the potential concerns in their planning and operations.

The controversy stems from Dr. Thilo Weichert, head of the data protection commission in the northernmost German state of Schleswig-Holstein. Weichert is calling for the abolition of the Safe Harbor framework and doubts the ability of companies to protect the rights of Europeans, who enjoy some of the strongest personal privacy laws in the world.

According to the Information Law Group, the Safe Harbor Framework was “developed jointly by the European Commission and the US Department of Commerce, under which American companies can publicly certify compliance with a standard set of Safe Harbor Privacy Principles approved by the European Commission and enforced by American regulators, predominantly the Federal Trade Commission.”

The concerns about data privacy are also felt across Europe. Most of the tension arise fro

via No Crackdown but Questions in Europe About Data Protection and the Cloud – ReadWriteCloud.

Toothless No More? FSA’s Sweep Sends Signal on Insider Trading – Law Blog – WSJ

On Tuesday, U.K. authorities arrested six men—including an employee of U.S. hedge fund Moore Capital Management, another from Deutsche Bank and a third from a company affiliated with French bank BNP Paribas — in what the government billed as a major crackdown on insider trading in London’s financial center.

According to the Journal reports, it was a big and well-coordinated crackdown, the type you’ve seen in movies, with agents fanning out to a whole bunch of addresses at dawn. Some 143 agents from the Financial Services Authority and the Serious Organised Crime Agency moved across London and southern England Tuesday to arrest the suspects at their homes and to execute search warrants.

The FSA, the U.K.’s primary regulator of financial institutions and markets, trumpeted the insider-trading case as its largest ever.

via Toothless No More? FSA’s Sweep Sends Signal on Insider Trading – Law Blog – WSJ.