LexisNexis® Legal Newsroom
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...

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...

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...

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...

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...

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...

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...

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 –...