SEC Penalizes Company For Foreign Corrupt Practices Act Violations

Companies that engage with government contracts overseas should be well aware of the harsh penalties associated with the Foreign Corrupt Practices Act violations (FCPA).  Getting your internal staffed trained and executives aware of the steep fines and disruption of the business reputation can save you from unnecessary litigation, civil and criminal… Read more »

Avoid Foreign Corrupt Practices Act FCPA Violations

Avoiding Foreign Corrupt Practices Act FCPA Violations and Fines Can Save Your Company The Foreign Corrupt Practices Act of 1977 (known as the “FCPA”), was enacted for the primary purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to influence… Read more »

Foreign Corrupt Practices Act Violations

Foreign Corrupt Practices Act fines and penalties and violations can be premised upon your efforts in due diligence or otherwise seek to determine whether there was a legitimate business purpose for the use of a “middleman” or consultant. This is especially true when conducting business operations and building foreign relationships… Read more »

Federal Foreign Corrupt Practices Act FCPA Violation Penalties

Foreign Corrupt Practices Act Penalties for government contractors that have violated the FCPA can be embarrassing and can expose you to media coverage and other negative publicity. In recent years, the U.S. government has increased its focus on implementing such penalties for companies and people who violate the Act. What is the Foreign Corrupt Practices… Read more »

ITAR Defense Misrepresentation By Omission of Facts

Under ITAR and AECA laws, misrepresentation by omission of fact can be an issue of contention.  Understanding the rules and regulations can put companies in a better position to be proactive and avoid serious civil and criminal penalties. Under the law, it is unlawful to use any export or temporary import… Read more »

Understanding ITAR Compliance Penalties & EAR vs ITAR Certification Requirements

When it comes to DOD ITAR compliance requirements and compliance penalties, the Justice Department government has no doubt increased oversight for government contractors, commercial organizations, and individuals for potential ITAR EAR laws breaches and non-compliance with import-export regulations. Many companies relax their standards and many do not even have an ITAR Compliance Statement…. Read more »

Government Procurement Fraud & Termination for Default

Government procurement fraud can arise in a variety of situations. A common example occurs during the bidding phase when offerors submit untruthful information in efforts to secure a government contract, or in other situations, to get admitted into a program administered by the Small Business Administration. In the case of… Read more »

Recent 2014 FCPA Cases and Violations

It is important to keep up with recent FCPA cases so that you do not find yourself in a similar situation.  In 2014 alone, the Securities and Exchange Commission (“SEC”) has charged major companies, such as Smith & Wesson and Hewlett-Packard, with violating the Foreign Corrupt Practices Act (“FCPA”).  The… Read more »

Walking the Tightrope: Procurement Compliance and Over-Compliance

By: Leanna Ajour, Esq., California & Colorado Attorney Striking a balance between conservatively following government contract regulations and allowing your business to run effectively without over-compliance is not an easy road to hoe. Whether your business’ procurement compliance program is non-existent and may result in government authority knocking at the… Read more »

What is the Federal Anti Kickback Statute?

Under government contract law, the Federal Anti Kickback Statute  of 1986 is a criminal law which prohibits contractors from giving, accepting, soliciting or arranging items of value in any form (gifts, certain discounts, cross-referrals between parties), either directly or indirectly for the purpose of inducing or rewarding another party for referrals of services paid for… Read more »