On March 29, 2013, the Securities and Exchange Commission (SEC) announced the settlement of what appeared to be a routine insider trading case involving two traders. For foreign traders, the case is a wake-up call that the SEC is watching and will take action against violators, wherever they are in the world. Moreover, the case reveals the SEC’s patience in finding the insider traders and their courage in taking action. Indeed, the case may also serve as an investigatory template for the SEC’s global policing of U.S. securities laws in connection with insider trading violations by foreign traders.
Most companies fear the FCPA and the harm it will do to their companies. In a recent article published for the Asian-Mena Counsel, I offer a modest proposal – go on the offense with the FCPA and reap millions in potential increased enterprise value.
Here is the secret: if your company sees a potential exit strategy in the near future and you operate in certain regions of the world, you could command, and US suitors would be willing to pay, a premium for your company, into the millions, provided that you have meaningful a FCPA compliance regime. Make a strategic move to make your company FCPA compliant and reap the rewards.
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