In the News January 7, 2015

Ted Kang Discusses Landmark Criminal Settlement with The FCPA Report

In the wake of Alstom S.A.’s record-setting $772 million settlement with the Department of Justice to resolve charges relating to a widespread bribery scheme, Edward (Ted) Kang, partner in Alston & Bird’s Government & Internal Investigations Group, noted that the settlement “further confirms that FCPA enforcement remains a high priority for the government, and companies should continually monitor their FCPA risks and routinely revisit their compliance programs to prevent and detect possible violations.”

Kang also pointed out the importance of a company’s cooperating with the government in an FCPA matter.

“In this case, when Alstom refused to cooperate early on, the government acted independently to investigate and develop cases against several Alstom executives,” he explained. “When Alstom finally agreed to cooperate with the government after four executives had been charged, the government clearly viewed that cooperation was too little, too late.”

Kang added: “[This case] serves as a clear warning to companies regarding potential FCPA violations: refuse to cooperate with government investigations at your own peril.”

Read more from Kang in the January 2015 edition of The FCPA Report.
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