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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

Stranger than Fiction: Questions in the FCPA World
Posted on 18 Aug 2011 by Thomas Fox

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... Read More

Analyzing the DOJ’s Recent “Foreign Official” Enforcement Theory
Posted on 15 Sep 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor In the recently announced Foreign Corrupt Practices Act enforcement action against Daren Condrey (see here for the prior post), the DOJ advanced an extremely broad “foreign official”... 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

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

Do You Now Understand Why the Meaning of “Foreign Official” Matters?
Posted on 26 Aug 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor For some time, certain people have been confused, perplexed etc. as to why the meaning of “foreign official” in the FCPA’s anti-bribery provisions matters. In connection... Read More

Eleventh Circuit Defines “Instrumentality” Broadly Under the FCPA
Posted on 20 May 2014 by Cadwalader, Wickersham & Taft LLP

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... 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

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

“Foreign Official” – The Current Landscape
Posted on 20 May 2014 by Mike Koehler

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... Read More

If Only The Supreme Court Had Accepted Cert In The “Foreign Official” Challenge
Posted on 4 Mar 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor As highlighted here , here and here , last Fall the Supreme Court had the opportunity to correct the 11th Circuit’s flawed interpretation of the important “foreign official”... Read More

When Red Flags Turn Into Green Lights
Posted on 12 Aug 2014 by Mike Koehler

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

As Foreign Scrutiny Grows, Dollars Continue to Flow in the U.S.
Posted on 22 Oct 2014 by Mike Koehler

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... Read More

Next Up – Bristol-Myers
Posted on 6 Oct 2015 by Mike Koehler

This article was reprinted with permission from FCPA Professor First it was Johnson & Johnson (see here – $70 million enforcement action in April 2011). Then it was Smith & Nephew (see here - $22 million enforcement action in February... Read More

Looking Back On February 21st
Posted on 21 Feb 2013 by Mike Koehler

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... Read More

  • 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: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: “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...
  • 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. ...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: 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...
  • Blog Post: If Only The Supreme Court Had Accepted Cert In The “Foreign Official” Challenge

    This article was reprinted with permission from FCPA Professor As highlighted here , here and here , last Fall the Supreme Court had the opportunity to correct the 11th Circuit’s flawed interpretation of the important “foreign official” element of the FCPA’s anti-bribery provisions...
  • Blog Post: Issues to Consider From the Recent BHP Billiton Enforcement Action

    This article was reprinted with permission from FCPA Professor This recent post highlighted the SEC FCPA enforcement action against BHP Billiton. This post continues the analysis by highlighting various issues to consider from the enforcement action. Record-Setting SEC Civil Penalty At $25...
  • Blog Post: Do You Now Understand Why the Meaning of “Foreign Official” Matters?

    This article was reprinted with permission from FCPA Professor For some time, certain people have been confused, perplexed etc. as to why the meaning of “foreign official” in the FCPA’s anti-bribery provisions matters. In connection with the June 2011 Foreign Corrupt Practices...
  • Blog Post: Foreign Official Pleads Guilty in Connection with FCPA Conspiracy

    The Foreign Corrupt Practices Act was aimed at halting corrupt payments made to improperly influence foreign officials. In drafting the Act Congress chose not to impose liability on the foreign official involved in corrupt payments. While it might be argued that Congress did not intend to impose liability...
  • Blog Post: Analyzing the DOJ’s Recent “Foreign Official” Enforcement Theory

    This article was reprinted with permission from FCPA Professor In the recently announced Foreign Corrupt Practices Act enforcement action against Daren Condrey (see here for the prior post), the DOJ advanced an extremely broad “foreign official” interpretation. In short, the DOJ alleged...
  • Blog Post: Next Up – Bristol-Myers

    This article was reprinted with permission from FCPA Professor First it was Johnson & Johnson (see here – $70 million enforcement action in April 2011). Then it was Smith & Nephew (see here - $22 million enforcement action in February 2012). Then it was Biomet (see here –...