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...

DOJ’s Empty Rhetoric on Individual FCPA Prosecutions Continues

This article was reprinted with permission from FCPA Professor This previous post highlighted the empty rhetoric of a former DOJ Criminal Division Chief regarding individual FCPA prosecutions. A change in leadership at the DOJ Criminal Division has not brought about a change in the rhetoric. ...

Professor Koehler Files Amicus Brief Urging Supreme Court To Hear “Foreign Official” Challenge

This article was reprinted with permission from FCPA Professor This previous post highlighted the petition for certiorari filed in the Supreme Court requesting the Court hear U.S. v. Esquenazi (the recent 11th Circuit decision of first impression in which the court concluded that certain state-owned...

Friday FCPA Roundup for Week Ending Sept. 19

This article was reprinted with permission from FCPA Professor GSK announces verdict in China, the silly season, interesting read, Alibaba, and get it right! It’s all here in the Friday roundup. GSK Verdict in China Earlier today, GlaxoSmithKline announced : “[T]he Changsha Intermediate...

Attorney General Holder – “The Buck Needs to Stop Somewhere” – But Does It Stop With Him?

This article was reprinted with permission from FCPA Professor Last week U.S. Attorney General Eric Holder delivered this speech at New York University School of Law. While focusing on financial fraud issues, the speech also touched upon several issues of general interest such as Holder’s statement...

Billy the Kid Begins and the GSK China Verdict

According to This Day in History, 139 years ago today, Billy the Kid was arrested for the first time, for theft. Billy the Kid was believed to have been born in New York City and was later taken out west by his mother. He was arrested on September 23, 1875 when he was found in possession of clothing...

The Origins of the FCPA: Lessons for Effective Compliance and Enforcement – Part Four

This is the fourth part of an occasional series. The first is available here , the second here and the third here. The entire paper will be published by Securities Regulation Law Journal early next year. The volunteer program The corporate payments issue and the SEC investigations and actions garnered...

Friday FCPA Roundup for Week Ending Sept. 26

This article was reprinted with permission from FCPA Professor An invite, ripples, the odd dynamic, and scrutiny alerts and updates. It’s all here in the Friday roundup. You Are Invited King & Spalding is pleased to host Professor Mike Koehler for an informal lunch discussion...

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

This is the fifth part of an occasional series. The first is available here , the second here , the third here and the fourth here . The entire paper will be published by Securities Regulation Law Journal early next year. The Congressional debates The revelations from the Watergate hearings and...

A Tale of Two FCPA Follow-On Securities Lawsuits

I have frequently noted in prior posts that a frequent development after a company announces the existence of an FCPA investigation is the filing of a follow on civil action (refer, for example, here ). But while plaintiffs’ lawyers often are eager to file these lawsuits, in many instances they...

The Positive Effects of DPAs and NPAs in FCPA Enforcement

One of the oft-made criticisms regarding the Department of Justice (DOJ) around its enforcement of the Foreign Corrupt Practices Act (FCPA) is that the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) somehow pervert the course of justice. Some of the criticisms include...

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

This is the final part of an occasional series. The first is available here , the second here , the third here , the fourth here and the fifth here . The entire paper will be published by Securities Regulation Law Journal early next year. Conclusion: The FCPA Today The FCPA was unique in the world...

Supreme Court Declines to Hear “Foreign Official” Challenge

This article was reprinted with permission from FCPA Professor As highlighted in previous posts ( here , here and here ), the defendants in U.S. v. Esquenazi (see here for the May 2014 11th Circuit decision [ an enhanced version of this opinion is available to lexis.com subscribers ]) petitioned the...

Friday FCPA Roundup for Week Ending Oct. 10

This article was reprinted with permission from FCPA Professor A tribute, resource alert, bureaucratic brazenness , scrutiny alerts and updates, a bushel, quotable, and for the reading stack. It’s all here in the Friday roundup. James McGrath I join Tom Fox ( FCPA Compliance and Ethics...

Friday FCPA Roundup for Week Ending Oct. 17

This article was reprinted with permission from FCPA Professor Strange definitions, asset recovery, through the revolving door, and proof. It’s all here in the Friday roundup. Strange Definitions The Department of Justice and Securities and Exchange Commission sure do have some strange...

Self-Serving Statements Do Not Establish the Truth of the Matter Asserted

This article was reprinted with permission from FCPA Professor FCPA Professor is the best website devoted to the Foreign Corrupt Practices Act. Does this self-serving statement establish the truth of the matter asserted? Of course not. Yet, in the FCPA context it seems that many self-serving...

As Foreign Scrutiny Grows, Dollars Continue to Flow in the U.S.

This article was reprinted with permission from FCPA Professor This 2012 post highlighted the origins and prominence of an enforcement theory in this new era of Foreign Corrupt Practices Act enforcement. The enforcement theory is that employees (such as physicians, nurses, mid-wives, lab personnel...

Friday FCPA Roundup for Week Ending Oct. 24

This article was reprinted with permission from FCPA Professor SEC administrative proceedings, a sorry state of affairs, voluntary disclosure calculus, nice payday but what was really accomplished, and for the reading stack. It’s all here in the Friday roundup. SEC Administrative Proceedings...