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Supreme Court Unanimously Rejects SEC’s Statute Of Limitations Position

This article was reprinted with permission from FCPA Professor February's issue of the month is the statute of limitations in SEC enforcement actions. 28 U.S.C. 2462 provides as follows. "Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement...

Don’t Believe the Hype on SEC Statute of Limitations

This article was reprinted with permission from FCPA Professor The statute of limitations is a fundamental legal principle setting a fixed period of time to file a lawsuit after a claim arises. Last term in Gabelli v. SEC [ an enhanced version of this opinion is available to lexis.com subscribers...

SEC Files Settled FCPA Charges Against Two Individuals

The SEC filed another settled FCPA action. The proceeding named two individuals as Respondents. It centers on using expensive gifts and travel as bribes. In the Matter of Stephen Timms , Adm. Proc. File No. 3-16281 (November 17, 2014). Respondents Stephen Timms and Yasser Ramahi, both U.S. citizens...

SEC Enforcement of the FCPA – 2014 Year in Review

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 significant piece of the FCPA enforcement pie (query...

Miss Marple Short Stories and SEC Enforcement of the FCPA, Part I

I am a huge Agatha Christie fan. I have read most of the Poriot novels and many of the Jane Marple novels as well. However, I was not aware of Christie’s work in the short story format until I recently read a volume entitled Miss Marple Short Stories . This volume included 13 short stories first...

The Companion and SEC Enforcement of the FCPA – Part II

I will use Agatha Christie’s short story The Companion as the introduction to today’s blog post. This story, related by one of the Tuesday story-telling group of detective aficionados, Dr. Lloyd, and is about two people who are related yet take different paths. It involves the death of a...

The Blue Geranium – SEC Enforcement of the FCPA – Part III

In Agatha Christie’s The Blue Geranium a difficult and cantankerous semi-invalid wife is looked after by a succession of nurses. They changed regularly, unable to cope with their patient, with one exception Nurse Copling who somehow managed the tantrums and complaints better than others of her...

Ingots of Gold & SEC FCPA Enforcement – Communication – Part IV

Today I want to use the Agatha Christie’s story Ingots of Gold as an introduction to some of the regular communications that the Securities and Exchange Commission (SEC) representatives frequently provide in public forums, regarding their views on Foreign Corrupt Practices Act (FCPA) enforcement...

Miss Marple Short Stories and SEC Enforcement of the FCPA, Part V – Final Thoughts

I conclude my week of exploration of Agatha Christie’s Miss Marple short stories and the Securities and Exchange Commission’s (SEC) enforcement of the Foreign Corrupt Practices Act (FCPA) by reviewing some of the new things I’ve learnt during this week of research. I learned that Christie...

Enforcement Officials Speak on Compliance and Individual Accountability

This article was reprinted with permission from FCPA Professor This post summarizes two recent speeches by DOJ/SEC enforcement officials that touched upon topics relevant to Foreign Corrupt Practices Act enforcement. In the first speech , Assistant Attorney General Leslie Caldwell, speaking at...