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FCPA Potpourri for November 2014
Posted on 25 Nov 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Wal-Mart Related Here is what Wal-Mart said in its recent 3Q FY 2015 earnings call . “FCPA and compliance-related costs were approximately $41 million, which represents approximately... Read More

The Yates Memo
Posted on 11 Sep 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor September has traditionally been an active month for Department of Justice policy statements and speeches. Keeping this tradition alive, earlier this week DOJ Deputy Attorney General... Read More

Where Does the Truth Lie?
Posted on 22 Sep 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor If the DOJ and/or SEC make allegations in a Foreign Corrupt Practices Act enforcement action, and a risk averse corporation agrees to resolve the enforcement action in the absence of judicial... Read More

Ralph Lauren Settles FCPA Charges with DOJ and SEC
Posted on 24 Apr 2013 by Thomas O. Gorman

Ralph Lauren Corporation settled FCPA charges with the first double non-prosecution agreement. The company resolved possible charges with the DOJ and the SEC under non-prosecution agreements. The Department of Justice frequently resolved anti-corruption... Read More

Friday FCPA Roundup for Week Ending Nov. 7
Posted on 7 Nov 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor A double standard dandy, scrutiny alerts, quotable, asset recovery, protection money, and for the reading stack. It’s all here in the Friday roundup. Double Standard Dandy Numerous... Read More

The Gun Sting Case Defeats and What it means For FCPA Enforcement? Absolutely Nothing!
Posted on 3 Feb 2012 by Thomas Fox

In a stunning rebuke of the Department of Justice's (DOJ) trial strategy, all defendants in the second group of Gun Sting defendants walked out of the federal courthouse, still free. Two defendants were acquitted and the remaining three defendants... Read More

Friday FCPA Roundup for Week Ending Feb. 21
Posted on 21 Feb 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Wal-Mart’s FCPA expenses, scrutiny alerts and updates, quotable, February 21st, further to the conversation, and for the reading stack. It’s all here in the Friday roundup.... Read More

Jury Convicts Two Men on FCPA Charges
Posted on 12 Aug 2011 by Thomas O. Gorman

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... Read More

The FCPA Guidance: An Exploration of ‘Corruptly’ and ‘Willfully’
Posted on 19 Nov 2012 by Thomas Fox

I am back from my surgery and convalescence and I wanted to thank everyone for the good wishes and thoughts. I would also like to give a very big special thanks to Mary Shaddock Jones for her entire series of timely and topical articles that she and... Read More

Foley & Lardner Alert--Fighting Bribery in the Post-Soviet Space: Tenaris S.A. Settles FCPA Charges in Uzbekistan
Posted on 25 May 2011 by Foley & Lardner LLP

On May 17, 2011, the SEC and the U.S. Department of Justice (DOJ) announced their agreements with Tenaris S.A. (Tenaris) regarding alleged FCPA violations by Tenaris. Tenaris agreed to pay more than $5.4 million in disgorgement and prejudgment interest... Read More

Farewell to Moe Green and the Promise to Pay a Bribe Under the FCPA
Posted on 21 Jul 2015 by Thomas Fox

Moe Green died again yesterday but this time he was not shot through the glasses, it was from cancer and the fictional Las Vegas mobster lived to the ripe old age of 79. Of course I am referring to “Alex Rocco, the veteran tough-guy character actor... Read More

Friday FCPA Roundup for Week Ending August 9
Posted on 9 Aug 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor Future enforcement actions, in the interest of completeness, and for the reading stack. It’s all here in the Friday Roundup. Future Enforcement Actions Stay tuned for future... Read More

Lanny Breuer and Foreign Corrupt Practices Act Enforcement
Posted on 25 Mar 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor Lanny Breuer stepped down as Assistant Attorney General of the Justice Department's Criminal Division on March 1st after nearly four years on the job. Word of Breuer's departure... Read More

SEC Enforcement Of The FCPA – Year In Review
Posted on 6 Jan 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Foreign Corrupt Practices Act enforcement, it is not just about the DOJ. Granted, as a civil enforcement agency its sticks are less sharp than the DOJ’s, but the SEC also claims a... Read More

A Summary of the Statistics
Posted on 24 Jan 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor My recent number crunching binge comes to an end. The calculator deserves a break. This post summarizes, in one spot, the various Foreign Corrupt Practices Act facts and figures published... Read More

  • Blog Post: What a Prosecutor Might Ask During a FCPA Investigation?

    Hopefully, one area that many compliance practitioners will not have much experience in is dealing with prosecutors, at least in the in-house, corporate context. Further it may be the case that most in-house lawyers come from a civil law background, as opposed to the criminal law side of the legal...
  • Blog Post: British Solicitor Pleads Guilty to FCPA Charges

    British solicitor Jeffrey Tesler is the latest person to plead guilty in connection with the TSKJ consortium and the EPC contrats to build liquefied natural gas facilities on Bonny Island, Nigeria. Mr. Tesler pleaded guilty to one count of conspiracy to violate the FCPA and one count of violating...
  • Blog Post: Ready, Fire, Aim: L’Affaire Renault

    As reported in this morning's Wall Street Journa l (WSJ), the CEO of the French car maker Renault apologized today on national television for the wrongful termination of three company officials for improper allegations of industrial espionage. In addition to this apology, he offered to meet the...
  • Blog Post: Proactive Use of Systemic Compliance Successes in an FCPA Enforcement Action

    We recently looked at an article which reviewed the Department of Justice's (DOJ) Foreign Corruption Practices Act (FCPA) enforcements with an eye towards the failures of internal controls. This analysis provided a valuable summary of several "lessons learned" regarding the compliance...
  • Blog Post: Johnson & Johnson, DePuy Pay $76.9M To Settle Foreign Bribery Claims

    (Mealey's) - Johnson & Johnson (J&J) and subsidiary DePuy International Ltd. will pay $76.9 million to resolve criminal and civil allegations in the United States and in the United Kingdom that they paid kickbacks to doctors in Greece, Poland, Romania and Iraq to use the companies'...
  • Blog Post: Johnson & Johnson Deferred Prosecution Agreement-Part II: Compliance Program Best Practices

    Yesterday we reviewed the background facts of the Johnson & Johnson (J&J) Deferred Prosecution Agreement (DPA) and the issue of self-reporting. In this posting we will review some of specific compliance program best practices which Johnson & Johnson agreed to implement. I. Attachment...
  • Blog Post: Johnson & Johnson Becomes the Newest Member of the FCPA Top 10 Settlements List

    Current trends in FCPA enforcement are evident in the latest settlement with Johnson & Johnson. U.S. v. Depuy, Inc. , (D.D.C. Filed April 8, 2011); SEC v. Johnson & Johnson , Civil Action No. 1:11-cv-00686 (D.D.C. Filed April 8, 2011). To resolve the case with DOJ and the SEC the company...
  • Blog Post: FCPA Compliance: Documentation Is a Key

    Paul McNulty, former United States Deputy Attorney General has provided perspective that there are three general areas of inquiry the Department of Justice (DOJ) would assess regarding an enforcement action. First: "What did you do to stay out of trouble? Second: "What did you do when you...
  • Blog Post: SEC Enforcement Trends 2011: The New Era of FCPA Enforcement

    Spurred on by a very positive report on its enforcement efforts by the OCED, the Department of Justice has declared that this is a "new era" of FCPA enforcement. The result is more cases, a continuous stream of record breaking amounts paid in settlement, an expansive approach to the interpreting...
  • Blog Post: Is Debarment a Viable FCPA Enforcement Option?

    In a provocative law review article entitled " FCPA Sanctions: Too Big to Debar? " South Texas College of Law student Nicholas Wagoner and Professor Drury Stevenson, posit the question: "Are certain private contractors too big to debar?" Their conclusion is "It appears so...
  • Blog Post: National Electric Company Covered by the FCPA

    On April 20, 2011 the District Court released its written decision on the defendant's Motion to Dismiss in the Lindsey Manufacturing case. The FCPA Professor reported on the decision last week and discussed the seemingly unusual request made by the Department of Justice. This request was that...
  • Blog Post: Two More FCPA Guilty Pleas

    DOJ continues to usher in a "new era" of FCPA enforcement as Assistant AG Lanny Breuer termed it in a recent speech, obtaining two more guilty pleas at the end of last week. Once evolved out of the on-going prosecutions relating to Control Components, Inc., a manufacturer of service control...
  • Blog Post: Big Pharma Bribery Probe Gains Momentum, Spurs Civil Litigation

    Since late last year, reports have been circulating that the U.S. government is investigating whether drug companies paid bribes overseas to increase sales and to obtain regulatory approvals. Some firms have now announced that they have reached settlements with enforcement authorities. And now the...
  • Blog Post: ICE and the Alcatel-Lucent DPA: A Pandora’s Box for Settling FCPA Defendants

    In what my colleague Howard Sklar called the "opening of Pandora's Box" and as reported by the FCPA Blog with what are "new issues raised in a FCPA case", Costa Rica's Instituto Costarricense de Electricidad (ICE), filed a Petition last week for relief from and objections...
  • Blog Post: An FCPA Motion That May Alter Settlement Procedures

    Victims in federal criminal cases typically get restitution. After an SEC case they may get payments from a fair fund. Not in FCPA cases. In FCPA cases the billions of dollars DOJ and the SEC now collect annually in settlements are paid to the U.S. treasury. This may change. In the Alcatel-Lucent...
  • Blog Post: The First Company to Be Tried on FCPA Charges Is Found Guilty

    Lindsey Manufacturing, the first company to stand trial on FCPA charges, was convicted on all counts by a jury in the Central District of California yesterday. Keith Lindsey, Steve Lee and Angela Aguilar were also convicted. Mr. Lindsey is the owner and President of the Company and Mr. Lee served as...
  • Blog Post: Lindsey Convictions, Stevens Acquittal: Implications for the FCPA Compliance Officer

    It has been quite a week in the white collar criminal defense world. It began with the convictions, on all counts, of all defendants in the Lindsey Manufacturing case involving the Foreign Corrupt Practices Act (FCPA) and yesterday with the conviction of Raj Rajaratnam on all counts in his insider...
  • Blog Post: Foley & Lardner Alert--Fighting Bribery in the Post-Soviet Space: Tenaris S.A. Settles FCPA Charges in Uzbekistan

    On May 17, 2011, the SEC and the U.S. Department of Justice (DOJ) announced their agreements with Tenaris S.A. (Tenaris) regarding alleged FCPA violations by Tenaris. Tenaris agreed to pay more than $5.4 million in disgorgement and prejudgment interest to the SEC and a $3.5-million penalty to the...
  • Blog Post: Observations on the FCPA Gun Sting Trial

    Last week I was in Washington DC and had the opportunity to visit the Federal District Courthouse, where the first of the Gun Sting defendants currently in trial. Chris Matthews is reporting daily for MainJustice and although I think Chris is a great reporter, unfortunately I do not have a subscription...
  • Blog Post: Current Issues in the Prosecution and Defense of Cases Under the Foreign Corrupt Practices Act

    Enforcement of the Foreign Corrupt Practices Act has risen exponentially in the last few years to unprecedented numbers, yielding the government over one billion dollars in the year 2010 alone. This commentary provides essential information concerning the Act, including its background and scope, issues...
  • Blog Post: Opinion Release 11-01: A Good Reason To Do Some Research

    The first Opinion Release of 2011 is out, No. 11-01, and it certainly may leave compliance practitioners scratching their heads. However, this collective head scratching is not because the Opinion Release is so difficult to understand and has no application to the everyday business of compliance, but...
  • Blog Post: Best Practices During an FCPA Enforcement Action: The Armor Holdings NPA

    As reported by the FCPA Blog , Corruption Currents in the Wall Street Journal and numerous others , on July 13, 2011, Armor Holdings Inc., entered into a Non-Prosecution Agreement (NPA) with the Department of Justice (DOJ) to pay a $10.29 million penalty to resolve violations of the Foreign Corrupt...
  • Blog Post: BAE Subsidiary Armor Holdings Settles FCPA Actions

    Armor Holdings, Inc. resolved FCPA charges with the Department of Justice and the SEC. The charges stem from bribes paid by subsidiaries to obtain three contracts to supply body armor for U.N. peacekeepers. In a bit of irony the DOJ noted that the company will not be required to have a monitor because...
  • Blog Post: SEC Settles FCPA Case with Liquor Giant Diageo

    The SEC concluded an FCPA investigation with Diageo, plc, in a settled administrative proceeding. In the Mater of Diageo plc, Adm. Proc. File No. 3-14490 (July 27, 2011). Diageo is a leading producer and distributor of premium branded spirits, beer and wine including Johnnie Walker, Smirnoff, Guinness...
  • Blog Post: 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...