Another FCPA investigation in the works:
Yesterday, Joe Palazzolo and Samuel Rubenfeld broke the story in the Wall Street Journal, “U.S. Probes Oracle Dealings,” that “U.S. authorities are investigating whether Oracle Corp., one of the world’s largest software companies by sales, violated federal antibribery laws in its dealings abroad …”…According to the report, “the agencies are examining whether Oracle employees or agents acting on the company’s behalf made improper payments in Africa in order to land sales of database and applications software.”
Time will tell whether the Oracle investigation will lead to an FCPA enforcement action and, if so, the nature and extent of the improper conduct. If the investigation follows a pattern often seen in FCPA enforcement actions, the improper conduct will have been engaged in by non-executive employees or agents who acted contrary to the company’s FCPA policies and procedures and the company’s otherwise good faith efforts to comply with the FCPA.