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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...

DOJ Announces FCPA and Related Actions in Connection With Russian Nuclear Industry Bribe Scheme – Additional Actions Likely

This article was reprinted with permission from FCPA Professor It’s not often the DOJ announces a Foreign Corrupt Practices Act enforcement action via a one sentence statement in a press release about another enforcement action. But that is what the DOJ did earlier this week when it announced...

Friday FCPA Roundup for Week Ending September 4

This article was reprinted with permission from FCPA Professor Vote, motion for reconsideration, and for the reading stack. It’s all here in the Friday roundup. Vote FCPA Professor has been selected as one of the best legal blogs by the Expert Institute. If FCPA Professor adds value to...

The Yates Memo

This article was reprinted with permission from FCPA Professor September has traditionally been an active month for Department of Justice policy statements and speeches. Keeping this tradition alive, earlier this week DOJ Deputy Attorney General Sally Yates delivered this speech and released this...

Farewell to a First and a Change in FCPA Investigative Focus

Moses Malone died yesterday. I do not often have the chance to celebrate a true first but Malone was a true first. The first high school basketball player to go from high school to professional basketball, when he was drafted by the Utah Stars from the old American Basketball Association (ABA) in 1974...

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...

Friday FCPA Roundup for Week Ending September 18

This article was reprinted with permission from FCPA Professor DOJ compliance counsel identified, additional lenient PetroTiger exec sentences, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup. DOJ Compliance Counsel As highlighted in this previous...

Where Does the Truth Lie?

This article was reprinted with permission from FCPA Professor If the DOJ and/or SEC make allegations in a Foreign Corrupt Practices Act enforcement action, and a risk averse corporation agrees to resolve the enforcement action in the absence of judicial scrutiny, does that mean the allegations are...

Friday FCPA Roundup for Week Ending September 25

This article was reprinted with permission from FCPA Professor More on the Yates Memo, scrutiny alerts, survey says, and FCPA reform. It’s all here in the Friday roundup. More on the Yates Memo Once again a private company has marketed a public official to drive attendance to its paid...

Same Alleged Legal Violations, Yet Materially Different Sanctions

A basic rule of law principle is consistency. In other words, the same legal violation ought to be sanctioned in the same way. When the same legal violation is sanctioned in materially different ways, trust and confidence in law enforcement agencies is diminished. The Foreign Corrupt Practices...

SEC Settles FCPA Action With Hitachi

The SEC filed a settled FCPA books and records and internal controls action centered on a firm which used a subsidiary partially owned by a foreign political party to influence the award of government contracts. Specifically, the complaint claims that a subsidiary of Japanese giant Hitachi, Ltd., sold...

Bristol-Myers Squibb FCPA Enforcement Action

Yesterday, the Securities and Exchange Commission (SEC) announced a Foreign Corrupt Practices Act (FCPA) enforcement action against Bristol-Myers Squibb Company (BMS) for the actions of the company’s joint venture (JV) in China, which made cash payments and provided other benefits to health care...

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 –...

Issues to Consider From the Bristol-Myers Enforcement Action

This recent post highlighted the SEC’s FCPA enforcement action against Bristol-Myers. This post continues the analysis by highlighting various issues to consider from the enforcement action. False and Misleading SEC Release The SEC routinely brings enforcement actions against companies...

Friday FCPA Roundup for Week Ending October 9

This article was reprinted with permission from FCPA Professor Alleged bribery at the U.N., former Siemens exec pleads guilty to long-standing charges, scrutiny alerts and updates, quotable, and for the reading stack. It’s all here in the Friday roundup. Alleged Bribery at the United Nations...

A Government Required Transfer of Shareholder Wealth to FCPA Inc.?

This article was reprinted with permission from FCPA Professor This is the third time FCPA Professor has highlighted this specific topic. The prior two posts ( here and here ) were in connection with FCPA enforcement actions against healthcare companies Johnson & Johnson and Pfizer and the...

Friday FCPA Roundup for Week Ending October 16

This article was reprinted with permission from FCPA Professor Rama sentenced but what is the back story, scrutiny alert, and for the reading stack. It’s all here in the Friday roundup. Rama Sentenced, But What is the Back Story? As noted here , last week James Rama, a former...

Wall Street Journal Pulls a Nana Nana Boo Boo on the New York Times Walmart Reporting

This article was reprinted with permission from FCPA Professor On Monday, the Wall Street Journal published this page one article titled “Wal-Mart Bribery Probe Finds Few Signs of Major Misconduct in Mexico” about the company’s long-standing Foreign Corrupt Practices Act scrutiny...

Reading Assignment: The Latest Judicial Opinion Regarding the DOJ’s Use of DPAs

This article was reprinted with permission from FCPA Professor If you have an interest in the DOJ’s frequent use of deferred prosecution agreements (DPAs), then this recent judicial opinion by U.S. District Court Judge Emmet Sullivan (D.D.C.) should be required reading. Prior to Judge Sullivan’s...

New Article: The Uncomfortable Truths and Double Standards of Bribery Enforcement

This article was reprinted with permission from FCPA Professor My new article “The Uncomfortable Truths and Double Standards of Bribery Enforcement” will soon be published in the Fordham Law Review. Click here to download the article. Here is what the article is about. “In...

Friday FCPA Roundup for Week Ending October 30

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, civil litigation updates, SEC enforcement statistics, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Millicom The telecom and media company headquartered...

The Pressing Need for Diligence in the FCPA Space

This article was reprinted with permission from FCPA Professor In running FCPA Professor for over six years, I literally search for FCPA content every day. There is a lot of good stuff out there that is frequently highlighted on these pages. There is also a lot of not so good stuff out there and...

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...

The Burgeoning Uzbekistan Telecommunication Investigations

This article was reprinted with permission from FCPA Professor For approximately two years, Dutch telecommunications company VimpelCom and Swedish telecommunications company TeliaSonera have been under scrutiny concerning its business practices in Uzbekistan (see here and here prior posts). The...

Friday FCPA Roundup for Week Ending November 13

This article was reprinted with permission from FCPA Professor A plethora of scrutiny alerts and updates, dismissed, quotable, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alerts and Updates Crawford & Company The company, a “provider of claims...