Extract to table

This feature significantly lowers the evidentiary burden the SEC must satisfy and makes books-and-records charges among the most readily provable of all FCPA violations

As the SEC has stated in numerous enforcement actions, the mere existence of a compliance program or policy manual is insufficient; the issuer must demonstrate that its controls are operationally effective

The SEC must demonstrate only that the issuer's system of internal accounting controls was insufficient to provide reasonable assurances as defined by the statute

The remaining approximately $800,000 in Crestfield payments (roughly 25% of the total) appears to have been retained by Crestfield as its own fee or used for expenses that may have been legitimate, though further forensic review is required to confirm this allocation

Unlike the entity-level provisions, Section 13(b)(5) requires proof of scienter — the SEC or DOJ must demonstrate that the individual acted "knowingly

Rule 13b2-1, promulgated under the Exchange Act, provides that no person shall, directly or indirectly, falsify or cause to be falsified any book, record, or account subject to Section 13(b)(2)(A)