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Jon Jordan Renews the Call for a Compliance Defense to the FCPA

On Sunday, I witnessed true greatness. In the final at Wimbledon, Roger Federer won his record seventh singles title, equaling Pete Sampras and William Renshaw for this number of titles. He did this while beating Andy Murray, a Scot who the entire United Kingdom had embraced as its own throughout the...

Revisiting a Foreign Corrupt Practices Act Compliance Defense

reprinted with permission from Mike Koehler , Southern Illinois University School of Law 2012 Wisconsin Law Review 609 Abstract: This article asserts that the current FCPA enforcement environment does not adequately recognize a company's good faith commitment to FCPA compliance and does...

Add Alberto Gonzalez To The List Of Former High-Ranking DOJ Officials Who Support An FCPA Compliance Defense

This article was reprinted with permission from FCPA Professor In my article "Revisiting a Foreign Corrupt Practices Act Compliance Defense" (Wisconsin Law Review - here ), I highlight that against the backdrop of the DOJ's current institutional opposition to an FCPA compliance defense...

Seeing the Light from the “Dark Ages”

This article was reprinted with permission from FCPA Professor During the panel session on DOJ non-prosecution and deferred prosecution agreements last week at the Corporate Crime Reporter sponsored conference in Washington, D.C., I shared my belief that it seems like DOJ is clearly troubled...

The Grim Reaper, GlaxoSmithKline and the Death Knell for the Compliance Defense

The addition of a compliance defense has raised its head again in the Foreign Corrupt Practices Act (FCPA) commentariat. In a post on the FCPA Blog by Philip Fitzgerald, entitled “ From Europe, the case for an FCPA good-faith defense ”, Fitzgerald posits that enforcement of foreign bribery...

SEC Enforcement Official Acknowledges the Underlying Logic Supporting a Compliance Defense

This article was reprinted with permission from FCPA Professor There is an underlying logic to a Foreign Corrupt Practices Act compliance defense. In “ Revisiting a Foreign Corrupt Practices Act Compliance Defense ,” I argued, among other things, that a compliance defense will better...

The Weatherford FCPA Settlement, Part II

Earlier, I reviewed the Weatherford International Limited (Weatherford) Foreign Corrupt Practices Act (FCPA) settlement. Today I will take a more focused look at the bribery schemes involved and the failure of the company to bring internal controls up to standard or even follow its own compliance program...

Spain Becomes the Latest Country to Adopt a Compliance Defense to Foreign Corruption/Bribery Charges

This article was reprinted with permission from FCPA Professor The article “ Revisiting a Foreign Corrupt Practices Act Compliance Defense ” highlights, among other things, that several countries like the United States that are signatories to the Organization for Economic Cooperation...

King Arthur Week – The Quest for the Holy Grail and Compliance Defense – Part V

We conclude our Arthurian themed week with the Holy Grail, which has fired the imagination of artists for millennia. What was the Holy Grail? According to Professor Dorsey Armstrong in her Teaching Company lecture series, entitled “ King Arthur: History and Legend ”, the Holy Grail has taken...