Happy Holidays

Got some last-minute holiday shopping on the "to-do" list today?

You may want to consider this for that valued colleague, an item sure to turn heads and earn the recipient a pass from FCPA scrutiny for having a well-communicated FCPA policy.

Looking to spend a little extra on that special someone this holiday season?

You may want to consider this item.

In the spirit of the season, I include a clip from my favorite holiday movie - "A Christmas Story."

While it is indeed unfortunate when a company becomes the subject of an FCPA enforcement action or when an individual faces the prospect of losing his or her liberty because of an FCPA violation, I must confess I do feel a bit like Ralphie in "A Christmas Story" every time an FCPA enforcement action is released.

Clueless as to what I am talking about - here is the clip.

It goes something like this.

The FCPA enforcement action is released by the DOJ or SEC.

I immediately seek seclusion so that I can de-code the messages in the otherwise bare-bones, conclusory DOJ non-prosecution or deferred prosecution agreement or SEC complaint and consent decree.

The family is calling and I am needed elsewhere.

I yell out, “just a minute.”

I am close to cracking the code and the messages therein.

The calls persist, but I’m getting closer and the tension is mounting.

I’m almost there.

And then … the message.

The enforcement officials have concluded, yet again, that employees of state-owned or state-controlled enterprises are “foreign officials!”

***

Thanks for reading, all the best this Holiday season, and be sure to stop back in a few days.