Recent Posts

And Then There Was One-the Updated Box Score of FCPA Settlements from the Nigerian Bribery Scandal
Posted on 9 Jul 2010 by Thomas Fox

Both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) announced the agreement by the Dutch company, Snamprogetti Netherlands BV, (Snamprogetti) to pay a $240 million criminal penalty to the DOJ to resolve charges related... Read More

The End of the FCPA Facilitation Payment Exception?
Posted on 12 Nov 2010 by Thomas Fox

In November, 2009 the Organization for Economic and Co-operation and Development (OECD) announced a new recommendation at the OECD's celebration of "International Anti-Corruption Day" and the Tenth Anniversary of the " Entry into... Read More

Supreme Court Rejects SEC Effort to Extend Statute of Limitations
Posted on 28 Feb 2013 by Thomas O. Gorman

The Supreme Court rejected the SEC's effort to extend the five year statute of limitations for imposing a civil penalty by engrafting a discovery exception onto the statute. Chief Justice Roberts, writing for a unanimous Court, held that under... Read More

The SEC Uses a Shiny New Tool
Posted on 18 May 2011 by Doug Cornelius

Earlier this year the Securities and Exchange Commission announced a new initiative encouraging cooperation. They wanted to start using Cooperation Agreements, Deferred Prosecution Agreements, and Non-prosecution Agreements. They finally got use... Read More

The First Company to Be Tried on FCPA Charges Is Found Guilty
Posted on 11 May 2011 by Thomas O. Gorman

Lindsey Manufacturing, the first company to stand trial on FCPA charges, was convicted on all counts by a jury in the Central District of California yesterday. Keith Lindsey, Steve Lee and Angela Aguilar were also convicted. Mr. Lindsey is the owner... Read More

SEC Settles FCPA Action on the Eve of Trial
Posted on 7 Jul 2014 by Thomas O. Gorman

The SEC was about to try its first FCPA case. Then the Commission settled, agreeing to drop the bribery charges as well as its demand for monetary sanctions. That ended the case against two Nobel Corporation executives SEC v. Jackson, Civil Action No... Read More

FCPA: A Focus on Individuals
Posted on 3 Apr 2014 by Thomas O. Gorman

FCPA enforcement officials have repeatedly emphasized that they intend to focus on individuals as an effective means of halting possible violations. A case unsealed yesterday underscores this point. The action, based on an indictment returned last... Read More

How to Turn a Season Around
Posted on 14 Sep 2010 by Thomas Fox

One of the more enjoyable aspects of a baseball season is its length. The fortunes of a team can ebb and flow over the course of a 162 games season. So even if a team starts out abysmally, it can pick things up over the course of the spring and summer... Read More

Miranda and the FCPA: Do You Have the Right to Remain Silent?
Posted on 11 Oct 2010 by Thomas Fox

In a recent posting, the FCPA Blog posed the question of whether a company employee was warned "that concealing information from company lawyers conducting an internal FCPA investigation could be a federal crime?" The FCPA Blog raised this... Read More

The Latest Securities Litigation Target
Posted on 17 Aug 2010 by Kevin M. LaCroix

Among the very, very latest trends in securities class action lawsuit filings are suits against for-profit educational companies. Just since the middle of last week, at least five companies in this sector have been tagged with new lawsuits, four of... Read More

A “New Era” of FCPA Enforcement
Posted on 17 Nov 2010 by Thomas O. Gorman

"We are in a new era of FCPA enforcement" Assistant AG Lanny Breuer declared in remarks at a conference on Tuesday . The Department of Justice is stepping up FCPA enforcement, which is good for business, despite the contention of some critics... Read More

What Steps Can Lead to a Reduction in a FCPA Fine?
Posted on 27 Aug 2010 by Thomas Fox

Earlier this month, in the FCPA Blog , Bruce Hinchey discussed his upcoming publication, " Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements " which analyzes differences between bribes... Read More

“Instrumentality Thereof” under the FCPA: An Absurd Result?
Posted on 25 Feb 2011 by Thomas Fox

The prognosticators have now spoken (yet again) and decreed that the Houston Astros will be this year's worst team in baseball. We are well into the first week of Spring Training and the Houston Chronicle has reported that Baseball Prospectus has... Read More

And Then There Were None-JGC Settles
Posted on 1 Feb 2011 by Thomas Fox

The blog site International Construction reported, on January 31, 2011 that the Japanese company JGC announced has agreed to pay a $244 million penalty to the Department of Justice (DOJ) to resolve charges related to the Foreign Corrupt Practices... Read More

FCPA Settlement Day: DOJ Guidance on the Best Practices of a Corporate Compliance Program
Posted on 9 Nov 2010 by Thomas Fox

In what the FCPA Blog termed a day of making history "for the most companies to simultaneously settle FCPA-related violations, [the] Global logistics firm Panalpina and five of its oil-and-gas services customers resolved charges with the DOJ and... Read More