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...

Issues To Consider From The Smith & Wesson FCPA Action

This article was reprinted with permission from FCPA Professor This post highlights various issues to consider from this week’s Smith & Wesson Foreign Corrupt Practices Act enforcement action . Should There Be a Difference? If the U.S. government uses public taxpayer money to offer...

Friday FCPA Roundup for Week Ending August 8

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, an FCPA fumble, checking in with the SFO, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Cobalt International Energy Cobalt has been under FCPA scrutiny...

Friday FCPA Roundup for Week Ending August 22

This article was reprinted with permission from FCPA Professor The FCPA in the hallways, Super Bowl bribery, no FCPA charges, quotable, survey says, FCPA reform advocate nominated to the federal bench, interesting homework assignment, scrutiny alert, and for the reading stack. It’s all here...

An FCPA Enforcement Action With Many Interesting Wrinkles

This article was reprinted with permission from FCPA Professor [This post is part of a periodic series regarding "old" FCPA enforcement actions] The 1998 Foreign Corrupt Practices Act enforcement action against Saybolt Inc., Saybolt North America Inc. and related individuals had many...

Friday FCPA Roundup for Week Ending Sept. 5

This article was reprinted with permission from FCPA Professor Knox to FCPA Inc., DOJ response brief filed, SFO speeches, and asset recovery. It’s all here in the Friday roundup. Knox to FCPA Inc. As highlighted in this prior post, over the summer Jeffrey Knox (DOJ Fraud Section Chief...

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement

“They trusted us” — Judge Stanley Sporkin explaining why 450 corporations self-reported in the 1970s Volunteer Program without a promise of immunity. This is the first part of an occasional series. The entire paper will be published by Securities Regulation Law Journal early next...

The Gray Cloud of FCPA Scrutiny Simply Lasts Too Long

This article was reprinted with permission from FCPA Professor Legal scrutiny – whether in the FCPA context or otherwise – is a cloud hanging over a business organization. When that legal scrutiny can result in potential criminal liability, the cloud is black or at the very least gray...

Friday FCPA Roundup for Week Ending Sept. 12

This article was reprinted with permission from FCPA Professor The problem with NPAs and DPAs, how does your product go to market in China, media coverage in China, victory, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup. The Problem With NPAs...

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement: Part Two

This is the second part of an occasional series. The first part is available here . The entire paper will be published by Securities Regulation Law Journal early next year. The Illicit or Foreign Payments Cases The preliminary inquiry was followed by formal SEC investigations early in 1974....

The Origins of the FCPA: Lessons for Effective Compliance and Enforcement — Part Three

This is the third part of an occasional series. The first part is available here , while the second is here . The entire paper will be published by Securities Regulation Law Journal early next year. . The foreign payments cases held the organization and the individuals involved accountable while improving...