Jury Convicts Two Men on FCPA Charges

Joel Esquenazi, the president of Miami based Terra Telecommunications Corp., and Carlos Rodriguez, the executive vice president of the company, were convicted on all counts following a jury trial. Specifically, the two men were convicted on one count of conspiracy to violate the FCPA and wire fraud...

Stranger than Fiction: Questions in the FCPA World

I had intended to post Part II of my series the recent court rulings on instrumentalities. However, sometimes events overtake you. In the world of the Foreign Corrupt Practices Act (FCPA), some of the fact scenarios are so preposterous that if they were in a book, labeled as fiction, they would probably...

Looking Back On February 21st

This article was reprinted with permission from FCPA Professor Two years ago today, for the first time in FCPA history a motion to dismiss was filed, with the benefit of a detailed and complete overview of the FCPA's extensive legislative history on the "foreign official" element...

From Healthcare Providers to Customs Officials to SOE Employees – The “Foreign Officials” of 2013

This article was reprinted with permission from FCPA Professor A “foreign official.” Without one, there can be no FCPA anti-bribery violation (civil or criminal). Who were the “foreign officials” of 2013 (at least from an enforcement perspective – recognizing of course...

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...

When Red Flags Turn Into Green Lights

This article was reprinted with permission from FCPA Professor Anyone with a pair of reasonably well-fitted FCPA goggles would recognize the risk. A company makes a $71,000 charitable donation to an organization in which a public official in its jurisdiction is a longtime board member. ...

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...

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...

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...

Self-Reporting, Extensive Cooperation Yields Reduced Fine In SEC FCPA Action

Layne Christensen, a global water management, construction and drilling company resolved FCPA bribery and books and records and internal controls charges with the SEC. In the Matter of Layne Christensen Company, Adm. Proc. File No. 3-16216 (October 27, 2014). There was no parallel case announcement by...

Issues to Consider From the Recent OECD Report

This article was reprinted with permission from FCPA Professor Earlier this week the OECD released a report titled “OECD Foreign Bribery Report – An Analysis of the Crime of Bribery of Foreign Public Officials.” The Report “endeavours to measure, and to describe, transnational...