Gifts, Travel and Entertainment under the FCPA – Part I

Author's note-This post begins a three-part review of gifts, travel and entertainment under the FCPA. One of the first thing that many companies will try to put in place is a gifts, entertainment and travel policy when looking at an overall compliance program. I find the reality to be that not...

Friday FCPA Roundup for Week Ending April 25

This article was reprinted with permission from FCPA Professor FCPA scrutiny equals a raise, Qualcomm declines to cave, Delphi disclosure, industry specific risks, survey says, gaps in the narrative, a pulse on FCPA Inc., quotable and not quotable, and for the reading stack. It’s all here in...

Gifts, Travel and Entertainment Under the FCPA – Part II

A. Opinion Releases Gifts In the early 1980s the Department of Justice (DOJ) issued three Opinion Releases related to gifts under the Foreign Corrupt Practices Act (FCPA). While these Opinion Releases are clearly dated, they do remain instructive. In Opinion Release 82-01, the DOJ approved...

Gifts, Travel and Entertainment under the FCPA – Part III

Now that we have reviewed all of the public record pronouncements from the Department of Justice (DOJ) and Securities and Exchange Commission (SEC), this post will try and suggest what you might need in your Foreign Corrupt Practices Act (FCPA) compliance policy and attendant procedures regarding gifts...

Friday FCPA Roundup for Week Ending May 2

This article was reprinted with permission from FCPA Professor U.S. reportedly did not cooperate, Avon’s reaches a settlement “understanding,” the “financial SWAT team,” at the SEC, FCPA Inc. news, and for the reading stack. It’s all here in the Friday roundup....

Friday FCPA Roundup for Week Ending May 9

This article was reprinted with permission from FCPA Professor Is trust “reasonable,” Sigelman formally indicted, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup. Is Trust “Reasonable” This prior post asked: Would FCPA...

The First FCPA Enforcement Action Against a Foreign Issuer, Plus an Interesting Issue

This article was reprinted with permission from FCPA Professor [This post is part of a periodic series regarding "old" FCPA enforcement actions] In 1996, the SEC brought this civil complaint against Montedison, an Italian corporation with headquarters in Milan that had interests in the...

A Focus On FCPA Criminal Trials

This article was reprinted with permission from FCPA Professor As previously highlighted , last week the DOJ formally announced a criminal indictment against Joseph Sigelman charging the former co-CEO of PetroTiger “with conspiracy to violate the FCPA and to commit wire fraud, conspiracy to...

Friday FCPA Roundup for Week Ending May 16

This article was reprinted with permission from FCPA Professor Root causes, a mere $855,000 per working day, “bad in law,” scrutiny alert, and for the reading stack. It’s all here in the Friday roundup. Root Causes Understanding the root causes of FCPA enforcement actions can...

FCPA: The First Circuit Court Decision Defining Instrumentality

The Eleventh Circuit Court of Appeals handed down the first decision on the question of who is a foreign official under the Foreign Corrupt Practices Act. Specifically, the Court considered the question of what is an “instrumentality” as that term is employed in the Act. U.S. v. Esquenazi...

Common Sense in the Definition of ‘Instrumentality’ Under the FCPA

In what can only be called a judicial decision based on common sense the 11 th Circuit Court of Appeals, in an opinion released on May 16, upheld the convictions of Joel Esquenazi and Carlos Rodriguez for violations of the Foreign Corrupt Practices Act (FCPA) and certain US anti-money laundering (AML...

Eleventh Circuit Defines “Instrumentality” Broadly Under the FCPA

On May 16, the Court of Appeals for the Eleventh Circuit became the first federal appellate court to define an important element of the Foreign Corrupt Practices Act (“FCPA”) – what constitutes an “instrumentality” of a foreign government and, thus, who is a foreign official...

“Foreign Official” – The Current Landscape

This article was reprinted with permission from FCPA Professor Last week’s 11th Circuit “foreign official” decision (see here and here for prior posts) was the first decision of precedent (at least in federal courts in Florida, Georgia and Alabama) to address the enforcement theory...

Friday FCPA Roundup for Week Ending June 6

This article was reprinted with permission from FCPA Professor Up north, David Cameron gets it, scrutiny update, octogenarian, and quotable. It’s all here in the Friday roundup. Up North Earlier this week, the Royal Canadian Mounted Police announced : “The RCMP’s National...

Friday FCPA Roundup for Week Ending June 13

This article was reprinted with permission from FCPA Professor Elevate your FCPA knowledge and practical skills, FCPA ripples, origins of PetroTiger’s FCPA scrutiny, news flash, and for the reading stack. It’s all here in the Friday Roundup. Elevate Your FCPA Knowledge and Practical...

Friday FCPA Roundup for Week Ending June 20

This article was reprinted with permission from FCPA Professor Scrutiny alerts, across the pond, for the reading stack, and congrats. It’s all here in the Friday Roundup. Scrutiny Alerts And Updates The Wall Street Journal reports here : “FedEx Corp. told U.S. authorities that...

Friday FCPA Roundup for Week Ending June 27

This article was reprinted with permission from FCPA Professor Elevate, a surprise verdict? SEC Chair on compliance, self-reporting and cooperation, quotable, and for the reading stack. It’s all here in the Friday Roundup. Elevate Your FCPA Knowledge and Practical Skills Join lawyers and...

Friday FCPA Roundup for Week Ending July 4

This article was reprinted with permission from FCPA Professor On the brink of trial, statistics of note, the over-hyped U.K. Bribery Act turns 3, say what?, and for the reading stack. It’s all here in a special Thursday edition of the Friday roundup. On The Brink of Trial This February...

Why Do Most of the Top FCPA Settlements Involve Foreign Companies?

This article was reprinted with permission from FCPA Professor [There is still time to register for the FCPA Institute in Milwaukee next week (July 16-17th). The FCPA Institute is a unique two-day learning experience ideal for a diverse group of professionals seeking to elevate their FCPA knowledge...

Mid-Year FCPA Report, Part I

As we are now past the halfway mark of 2014, I thought it might be a good time to look at the year in review, so over the next couple of days, I will be reviewing what I believe to be some issues and developments to the Foreign Corrupt Practices (FCPA) world. In this Part I, I will look at an enforcement...

Friday FCPA Roundup for Week Ending July 11

This article was reprinted with permission from FCPA Professor The cheerleaders fume, quotable, scrutiny alert, and for the reading stack. It’s all here in the Friday roundup. The Cheerleaders Fume In the SEC’s failed enforcement action against Mark Jackson and James Ruehlen, the...

Mid-Year FCPA Report, Part II

Today, I continue my look at what I think were some of the most significant highlights from the first half of 2014 relating to the Foreign Corrupt Practices Act (FCPA). Yesterday, the focus was on corporate and individual enforcement. Today we review a very rare court of appeals decision on whether a...

New FCPA Professor Article – “Foreign Corrupt Practices Act Ripples”

This article was reprinted with permission from FCPA Professor In house counsel and other compliance professionals are often looking for additional ways to stress the importance of Foreign Corrupt Practices Act compliance to corporate leaders. A common way to do this is forwarding to corporate leaders...

Friday FCPA Roundup for Week Ending July 25, 2014

This article was reprinted with permission from FCPA Professor The U.K. SFO flexes its pre-Bribery Act muscle in criminally charging an Alstom subsidiary, other scrutiny alerts and updates, nominate, double standard, quotable, and for the reading stack. It’s all here in the Friday roundup. ...

SEC Settlement: The FCPA Risks of Entering New Markets

Entering into new, international markets may be good for developing business, but it also carries certain risks. This is particularly true in many countries where doing business may include making gifts, paying gratuities and even bribes. The difficulties can be compounded if adequate preparations are...