By: Scott Maberry and Mark Jensen

One FCPA compliance topic we are often asked about by clients is how government investigations start. The U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have developed a number of mechanisms largely within their control (including whistleblowers and cross-industry investigations) to learn about bribery allegations.  There are also mechanisms outside of government control, such as investigative journalism, that can identify bribery allegations and effectively force the government’s hand into investigating them.  Recent events surrounding FCPA allegations against International Business Machines Corporation (“IBM”) suggest a new actor that can force the broadening or deepening of existing FCPA investigations: the U.S. courts.
Continue Reading A Rising Voice on FCPA Compliance: The Court