Avoiding FCPA Prosecution For Employee Conduct

Law360, New York (May 25, 2012, 1:05 PM EDT) -- Recent weeks have highlighted the value of effective corporate compliance programs in deflecting enforcement activity against companies. At the same time, they have raised new questions about when companies will be held responsible for the actions of their employees, and when such actions will be viewed as “rogue” conduct.

Below we contrast the enforcement positions in two recent cases: the Morgan Stanley/Garth Peterson matter, involving a corporate declination, and the Noble Corporation/Noble executives matter, including a corporate nonprosecution agreement.

Morgan Stanley Gets a Pass, Former Managing...
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