DPAs are agreements between prosecutors and companies that essentially say authorities won’t prosecute fraudulent activity if a company agrees to pay a fine and get its regulatory house in order. Corporate leaders should know that the US and UK have different DPA systems in place.
This month, UK authorities announced that they've launched an investigation into KPMG’s conduct related to an audit of Roll Royce’s financial statements. The investigation appears to be part of a trend of holding auditing firms accountable for policing their clients’ financial behavior.
Och-Ziff, one of the world's largest hedge funds, is being investigated for FCPA violations related to activities in Africa. The investigation is evidence that US authorities are increasingly intent on holding individuals accountable for corporate fraud. It's also a strong reminder to US companies of the risks involved when engaging intermediaries to facilitate business transactions abroad.