It has continued to be quite a couple of weeks in the Foreign Corrupt Practices Act (FCPA) world. Last week was the announcement of the long-awaited Walmart Inc. (Walmart) FCPA resolution. The pundits were out in force this week wrapping up what all it may mean. Mike Volkov, Matt Kelly, Jay Rosen, Jonathan Marks and myself all weighed in on the matter. Yet buried literally by the avalanche of Walmart news and commentary was the conviction by a Boston jury of two men in the Haitian bribery sting case for their violation of the FCPA.

According to a Department of Justice (DOJ) Press Release, Roger Richard Boncy, a dual US and Haitian citizen who resides in Madrid, Spain, and Joseph Baptiste were found guilty after a two-week jury trial before US District Judge Allison D. Burroughs of the District of Massachusetts of one count of conspiracy to violate the FCPA and the Travel Act. Baptiste was also convicted of one count of violating the Travel Act and one count of conspiracy to commit money laundering.  Boncy and Baptiste are scheduled to be sentenced by Judge Burroughs on Sept. 12, 2019. Assistant Attorney General Benczkowski said, “Richard Boncy and Joe Baptiste conspired to pay millions of dollars in bribes to Haitian officials to do business there”. “Today’s guilty verdict sends a strong message that those who use corrupt means to obtain unfair and illegal business advantages will be prosecuted to the fullest extent possible by the Department of Justice.”

This week we had the also long awaited TechnipFMC PLC FCPA enforcement action. It was unique in a couple of aspects. First, the company was a merger of two companies who were both under FCPA investigations for bribery and corruption in different jurisdictions. Second, Technip is a recidivist, having been a part of the first Halliburton FCPA enforcement action back in 2010. As usual, the FCPA Blogbroke the story. Kudos to Harry Cassin for keeping up the fine tradition of being the first to report a significant story to the FCPA and greater compliance community.

Are you a compliance Grinder? If you are, I am thrilled to announce another member of the Compliance Podcast Network, the Integrity Factor. The Integrity Factor strips down the latest compliance topics and breaks them out into manageable and practical tips and strategies. Integrity is finally being recognized for the business value that it brings, and as a serious differentiator. Two well-known and well-respected ethics and compliance practitioners, AP Capaldo-Aoun and Marcia Narine Weldon, host the podcast. Join them for news, insights and the practical information you need to make your compliance program a success. The Compliance Podcast Network is proud to have its newest member.

Yesterday, I was pleased to announce my latest eBook, in collaboration with Hanzo, HE 2019 GUIDE TO INTERNAL INVESTIGATIONS FOR COMPLIANCE – An eBook on Planning, Protocols, Data Collection, Triage, and Remediation. In addition to giving you the most up-to-date information, it is available for download at no charge here.

Today, I am equally pleased to announce that another eBook I wrote in collaboration with NAVEX Global, Inc. has been released, The Worst-Case Scenario Survival Guide for Compliance Professionals.This eBook is a collection of real-world compliance failures that have been organized into four key compliance program categories: leadership, structure, innovation and integration. In this eBook, I combine some real-world compliance perspectives with modern failures across industries to create a unique learning experience for compliance practitioners. Follow these easy to walk through best practice methods to tackle a wide array of compliance variables – before having to experience them yourself. It was a ton of fun to work on with Ken Jennings and David Banks at NAVEX and I hope you enjoy this guide and avoid making these all-to-common mistakes. It is available for download at no charge here.

Finally, I recently partnered with Convercent to create a DOJ Interactive Self-Assessment. In this publication you will learn how to assess your compliance program and see if it measures up to the new 2019 Evaluation of Corporate Compliance Programs. It is designed to give you a concrete, direct tool that you can use to assess the state of your compliance program, measured against the new DOJ 2019 Guidance. It is available at no charge and you can download it here. It is a great bookend to my most recent eBook, published by Corporate Compliance Insights (CCI), Operating Instructions: Guide to the 2019 Updates to the DOJ Guidance. 

Lastly, the Compliance Podcast Network has a 5-part podcast series this week, looking at the current state of compliance with Terry L Orr, Managing Director,Business Intelligence and Investigations practice, of Kroll, the sponsor of the series. Check out: Part 1– Orr’s Journey to Compliance; Part 2– Significant FCPA Enforcement Actions; Part 3– The New DOJ Guidance; Part 4– Private Equity and Compliance; and Part 5– New Challenges in Healthcare Compliance. The podcast is available on multiple sites: FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube, Spotifyand Corporate Compliance Insights.

This publication contains general information only and is based on the experiences and research of the author. The author is not, by means of this publication, rendering business, legal advice, or other professional advice or services. This publication is not a substitute for such legal advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified legal advisor. The author, his affiliates, and related entities shall not be responsible for any loss sustained by any person or entity that relies on this publication. The Author gives his permission to link, post, distribute, or reference this article for any lawful purpose, provided attribution is made to the author. The author can be reached at

© Thomas R. Fox, 2019