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The Guidance One Year Later

This article was reprinted with permission from FCPA Professor One year ago today, the DOJ and SEC released FCPA Guidance. (See here for the Guidance and here for the Guidance press conference). To say that the Guidance was long-awaited is an understatement. In 1988, Congress encouraged the...

The 100th Edition: Friday FCPA Roundup for Week Ending Nov. 15

This article was reprinted with permission from FCPA Professor Scrutiny alerts and updates, a first, blunt, and quotable. It’s all here in this – the 100th edition - of the Friday roundup. [I hope the Friday roundup is a value added end to your work week. The Friday roundup alone represents...

Are Deferred Prosecution Agreements Morally Suspect?

You know it is going to be a bad day when you are excoriated in public by a sitting federal district judge. It is even worse when the comments of that federal judge make it into one of the most prominent international business dailies around; the UK based Financial Times (FT). Both of the events occurred...

Hats Off to Judge Rakoff

This article was reprinted with permission from FCPA Professor My 2010 Senate Foreign Corrupt Practices Act testimony focused on two things. First, the general lack of individual enforcement actions in connection with most corporate FCPA enforcement actions. Second, how this dynamic (far from...

Weatherford International and Subsidiaries Agree to Guilty Plea to FCPA and Export Control Violations and Will Pay $252 Million in Penalties and Fines

Three subsidiaries of Weatherford International Limited, a Swiss oil services company that trades on the New York Stock Exchange, have agreed to plead guilty to anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) and export controls violations under the International Emergency Economic...

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Friday FCPA Roundup for Week Ending Dec. 6

This article was reprinted with permission from FCPA Professor Looking for talent … got talent, the DOJ is sued, the Corruption Perceptions Index, a pulse on FCPA Inc., and for the reading stack. It’s all here in the Friday roundup. Looking for Talent … Got Talent If your...

The Reach of the Foreign Corrupt Practices Act: German Engineering Firm to Pay $32 Million Criminal Penalty

Bilfinger SE, an international engineering and services company based in Mannheim, Germany, has agreed to pay a $32 million penalty to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) by bribing government officials of the Federal Republic of Nigeria to obtain and retain contracts...

Oil Services Company’s Ex-General Counsel Pleads Guilty to Bribery and Fraud

Two former chief executive officers of PetroTiger Ltd. – a British Virgin Islands oil and gas company with operations in Colombia and offices in New Jersey – have been charged for their alleged participation in a scheme to pay bribes to foreign government officials in violation of the Foreign...

Alcoa World Alumina Pleads Guilty to Foreign Bribery and Will Pay $384 Million in Fines and Penalties

Alcoa World Alumina LLC, a majority-owned and controlled global alumina sales company of Alcoa Inc., has agreed to plead guilty and to pay $223 million in criminal fines and forfeiture to resolve charges that it paid millions of dollars in bribes through an international middleman in London to officials...

Oil Company’s Ex-CEO Guilty in Foreign Bribery Case

The former chief executive officer of PetroTiger Ltd., a British Virgin Islands oil and gas company with operations in Colombia and offices in New Jersey, has pleaded guilty for his role in a scheme to pay bribes to foreign government officials and to defraud PetroTiger. Knut Hammarskjold, the former...

The Long Arm of U.S. Regulatory Enforcement and the Cross-Border Reach of U.S. Laws

One of the most distinctive aspects of the current global regulatory environment has been the increasing willingness of U.S. regulators to try to project U.S. enforcement authority outside the U.S. The cross-border assertion of U.S. regulatory authority has taken place across a broad range of regulatory...

Does Your Company Still Allow Facilitation Payments?

One of the more confusing areas of the US Foreign Corrupt Practices Act (FCPA) is in that of facilitation payments. Facilitation payments are small bribes but make no mistake about it, they are bribes. For that reason many companies feel they are inconsistent with a company culture of doing business...

When Red Flags Turn Into Green Lights

This article was reprinted with permission from FCPA Professor Anyone with a pair of reasonably well-fitted FCPA goggles would recognize the risk. A company makes a $71,000 charitable donation to an organization in which a public official in its jurisdiction is a longtime board member. ...

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement

“They trusted us” — Judge Stanley Sporkin explaining why 450 corporations self-reported in the 1970s Volunteer Program without a promise of immunity. This is the first part of an occasional series. The entire paper will be published by Securities Regulation Law Journal early next...

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...

The Origins of the FCPA: Lessons For Effective Compliance and Enforcement – Part Five

This is the fifth part of an occasional series. The first is available here , the second here , the third here and the fourth here . The entire paper will be published by Securities Regulation Law Journal early next year. The Congressional debates The revelations from the Watergate hearings and...

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...

Corruption Is Bad, But What Is It?

This article was reprinted with permission from FCPA Professor Last week, International Anti-Corruption Day was recognized. This short White House press release used the word “corruption” 13 times. DOJ Assistant Attorney General Leslie Caldwell co-authored this short Huffington Post...