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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

Secretary of State Kerry Gets It Right
Posted on 11 Nov 2013 by Mike Koehler

This article was reprinted with permission from FCPA Professor Secretary of State John Kerry got it right recently when he linked trade barriers and other distortions to – among other things – corruption. Speaking to American Chamber... Read More

Professor Koehler Files Amicus Brief Urging Supreme Court To Hear “Foreign Official” Challenge
Posted on 18 Sep 2014 by Mike Koehler

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... Read More

Common Sense in the Definition of ‘Instrumentality’ Under the FCPA
Posted on 20 May 2014 by Thomas Fox

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... Read More

Self-Reporting, Extensive Cooperation Yields Reduced Fine In SEC FCPA Action
Posted on 28 Oct 2014 by Thomas O. Gorman

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... Read More

Firm Settles FCPA Claim With Non-Prosecution Agreement, VP Pleads Guilty
Posted on 26 Jun 2015 by Thomas O. Gorman

IAP Worldwide Services Inc., a Virginia based facilities management firm, entered into a non-prosecution agreement with the Department of Justice and agreed to pay a $7.1 million penalty to resolve FCPA charges. A vice president of the firm pleaded guilty... Read More

The B20 Anti-Corruption Working Group Is Focused on the Right Topic, But It Is Unlikely That There Will Be Meaningful Action
Posted on 27 Aug 2014 by Mike Koehler

This article was reprinted with permission from FCPA Professor Earlier this summer, the B20 Anti-Corruption Working Group released this report detailing various policy recommendations to combating corruption. As highlighted on its website , the... Read More

The Biomet SEC Complaint: Lessons for Internal Audit
Posted on 28 Mar 2012 by Thomas Fox

On March 26, 2012, both the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) announced the resolution of enforcement actions against Biomet Inc. a US entity, which manufactures and sells global medical devices around the... Read More

An FCPA Enforcement Action With Many Interesting Wrinkles
Posted on 29 Aug 2014 by Mike Koehler

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... Read More

Issues to Consider From the Recent OECD Report
Posted on 4 Dec 2014 by Mike Koehler

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... Read More

Transparency International 2011 Bribe Payors Index Report
Posted on 11 Nov 2011 by Thomas Fox

Last week Transparency International (TI) released its Bribe Payors Index 2011 (Index). It represents the fifth such report issued by TI, the most recent previously released in 2008. In the introduction, TI says that the Index "ranks 28 of the... Read More

Tags: bribery

Whither FIFA?
Posted on 4 Jun 2014 by Thomas Fox

On this day in 1942, the Battle of Midway, one of the most decisive US victories against Japan during World War II, began. During the four-day sea-and-air battle, the outnumbered US Pacific Fleet succeeded in destroying four Japanese aircraft carriers... Read More

When Red Flags Turn Into Green Lights
Posted on 12 Aug 2014 by Doug Esten

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... Read More

The Sussex Vampyre and the ADM FCPA Settlement
Posted on 31 Jan 2014 by Thomas Fox

Today I want to use the story of The Sussex Vampyre as the starting point for an inquiry into the recent Archer-Daniels-Midland Corp (ADM) Foreign Corrupt Practices Act (FCPA) enforcement action. In the story, Holmes receives a letter from Robert Ferguson... Read More

SEC Settles FCPA Charges Tied to Payments to Health Care Professionals
Posted on 30 Jul 2015 by Thomas O. Gorman

The SEC filed another settled action in which payments to health care professionals at state owned entities in China were alleged to be violations of the Foreign Corrupt Practices Act. Although the company furnished extensive cooperation, it paid disgorgement... Read More

  • Blog Post: Corruption and Twitter

    "If someone is being hit for a bribe, isn't the easiest thing just to put it on Twitter? It goes round the world in next to no time." Richard Alderman, head of the U.K.'s Serious Fraud Office, is apparently serious about Twitter . After self-congratulating themselves for organizing...
  • 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...
  • Blog Post: Watts Water: Don’t Get Caught on the (FCPA) Slow Boat to China

    Last week, the Securities and Exchange Commission (SEC) instituted a Cease and Desist Order again Watts Water Technologies, Inc. (WWT) and one of its employees, Leesen Chang (Chang). The Order was to obtain certain civil penalties and fines for conduct of WWT and Chang concerning violations of the...
  • Blog Post: Transparency International 2011 Bribe Payors Index Report

    Last week Transparency International (TI) released its Bribe Payors Index 2011 (Index). It represents the fifth such report issued by TI, the most recent previously released in 2008. In the introduction, TI says that the Index "ranks 28 of the world's largest economies according to the perceived...
  • Blog Post: Fast and Furious: Corruption in Brazil and Upcoming World Cup and Olympics

    I recently saw the latest installment of the Fast and Furious franchise, entitled "Fast Five". In this installment, Vin Diesel as Dominic Toretto and Paul Walker as Brian O'Conner led a team which steals over $100 million from a Brazilian crime boss. One of the storylines of the movie...
  • Blog Post: The BizJet DPA: Cooperation is the Key

    Last week, the Department of Justice (DOJ) announced the resolution of an enforcement action under the Foreign Corrupt Practices Act (FCPA) involving the Tulsa based company, BizJet. The company is in the business of providing aircraft maintenance, repair and overhaul services (MRO) to customers...
  • Blog Post: The Biomet SEC Complaint: Lessons for Internal Audit

    On March 26, 2012, both the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) announced the resolution of enforcement actions against Biomet Inc. a US entity, which manufactures and sells global medical devices around the world. It is headquartered in Fort Wayne, Indiana...
  • Blog Post: Listening in with the FCPA Professor: A Tale of Two Perceived Responses

    This week I attended the Hanson Wade FCPA Compliance in the Oil and Gas Supply Chain conference here in Houston. Also attending, as well as presenting, was the FCPA Professor, Mike Koehler. The evening before the start of the conference I was lucky enough to attend an Astros game with the Professor....
  • Blog Post: Sometimes Bribery is Like a Box of Chocolates

    The baseball season is at its traditional half-way mark with the All-Star Game. This season certainly has already shown promise as one of the surprises with both the Washington Nationals and the Pittsburg Pirates is that they have the two best records in the National League (NL). One team that, unfortunately...
  • Blog Post: The Lilly FCPA Enforcement Action Part I – Key Lessons Learned on Sportsmanlike Conduct

    As you see from today's picture I am enthusiastically wearing a New England Patriots (classic) shirt. You may ask yourself why am I wearing this shirt? The reason is because of a rather rash wager I made with Jay Rosen, Vice President of Merrill Brink, earlier this month on the Patriots/Texans...
  • Blog Post: Fu Manchu and the Wal-Mart FCPA Investigation Water Torture

    Today we celebrate Fu Manchu. No not the facial accouterments but the fictional character who was introduced to the world in a series of novels by British author Sax Rohmer during the first half of the 20th century. He has become an archetype of the evil criminal genius while also lending his moniker...
  • Blog Post: Motion To Dismiss Denied In Former Magyar Telekom Exec’s Case

    This article was reprinted with permission from FCPA Professor This previous post discussed the SEC's December 2011 Foreign Corrupt Practices Act enforcement action against former Magyar Telekom executives Elek Straub, Andras Balogh and Tamas Morvai ("Defendants"). Magyar Telekom...
  • Blog Post: Where Was The BizJet Board?

    This article was reprinted with permission from FCPA Professor Many assume that my article " The Facade of FCPA Enforcement " is all about over-enforcement of the FCPA based on untested and dubious legal theories not subjected to judicial scrutiny. To be sure, these topics are discussed...
  • Blog Post: We Really Ought to Pause and Reflect

    This article was reprinted with permission from FCPA Professor As noted in this prior post, in October 2010 Judge Jackson Kiser (W.D. Va.) sentenced Bobby Elkin Jr. Elkin (the former Country Manager for tobacco company Dimon International Kyrgyzstan) pleaded guilty to a one count criminal information...
  • Blog Post: Show Me the Money – Employee Compensation to Prevent Bribery and Corruption

    The GlaxoSmithKline PLC (GSK) matter continues to resonate across the compliance world. Ongoing news releases by the company and announcements from named and un-named sources on the underlying facts continue to generate press worldwide. But there are also several important lessons to be learned from...
  • Blog Post: Transparency International’s Progress Report

    This article was reprinted with permission from FCPA Professor Transparency International (TI) does good work in raising awareness of bribery and its effects and seeking to reduce bribery and corruption around the world. Yet, every time I read TI’s annual progress report on OECD Anti-Bribery...
  • Blog Post: Secretary of State Kerry Gets It Right

    This article was reprinted with permission from FCPA Professor Secretary of State John Kerry got it right recently when he linked trade barriers and other distortions to – among other things – corruption. Speaking to American Chamber of Commerce participants in Poland, Secretary of...
  • Blog Post: The Guidance One Year Later

    This article was reprinted with permission from FCPA Professor One year ago today, the DOJ and SEC released FCPA Guidance. (See here for the Guidance and here for the Guidance press conference). To say that the Guidance was long-awaited is an understatement. In 1988, Congress encouraged the...
  • Blog Post: The 100th Edition: Friday FCPA Roundup for Week Ending Nov. 15

    This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, a first, blunt, and quotable. It’s all here in this – the 100th edition - of the Friday roundup. [I hope the Friday roundup is a value added end to your work week. The Friday roundup alone represents...
  • Blog Post: The Sussex Vampyre and the ADM FCPA Settlement

    Today I want to use the story of The Sussex Vampyre as the starting point for an inquiry into the recent Archer-Daniels-Midland Corp (ADM) Foreign Corrupt Practices Act (FCPA) enforcement action. In the story, Holmes receives a letter from Robert Ferguson, who has become convinced that his second wife...
  • Blog Post: Marubeni FCPA Enforcement Action Specifics

    This article was reprinted with permission from FCPA Professor A post last week mentioned the $88 million Foreign Corrupt Practices Act enforcement action (the 12th largest of all-time in terms of settlement amount) against Marubeni (a Japanese company). In 2012, Marubeni resolved a $55 million FCPA...
  • Blog Post: 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...
  • Blog Post: Whither FIFA?

    On this day in 1942, the Battle of Midway, one of the most decisive US victories against Japan during World War II, began. During the four-day sea-and-air battle, the outnumbered US Pacific Fleet succeeded in destroying four Japanese aircraft carriers while losing only one of its own, the Yorktown, to...
  • Blog Post: Does Your Company Still Allow Facilitation Payments?

    One of the more confusing areas of the US Foreign Corrupt Practices Act (FCPA) is in that of facilitation payments. Facilitation payments are small bribes but make no mistake about it, they are bribes. For that reason many companies feel they are inconsistent with a company culture of doing business...
  • Blog Post: 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. ...