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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...

The Thrill is Gone: On the Intersection of CSR and the FCPA

Yes indeed the thrill is gone as BB King died last week. While I cannot aver he was the best bluesman ever -- as Keith Richards would, say that was Robert Johnson -- or he was even the greatest bluesman during my lifetime, as Muddy Waters lived until 1965, he was certainly the most well-known and prolific...

Time Out on Slamming the Brits

This article was reprinted with permission from FCPA Professor As highlighted in this recent report: “The [U.K.] Government is reviewing the Bribery Act after business leaders claimed it was making it difficult for British firms to export goods. The Business Secretary, Sajid Javid, is inviting...

SEC-BNY Mellon Settle FCPA Charges Tied to Hiring Relatives of Officials

The SEC has been investigating sovereign wealth funds and issues relating to the hiring of friends and family of foreign officials for some time. Now it has filed a settled action centered on both of those issues which contains a cautionary note for those who have not updated their compliance procedures...

BNY Mellon Settles First Sons and Daughters (and Nephews) FCPA Hiring Matter – Part I

Yesterday the Securities and Exchange Commission (SEC) announced a resolution with Bank of New York Mellon Corporation (BNY Mellon) for violations of the Foreign Corrupt Practices Act (FCPA). This was the first enforcement action around the now infamous Princesslings and Princelings investigations where...

Bank of New York Mellon Settles FCPA Charges Regarding Internships for Relatives of Sovereign Wealth Fund Officials

On August 18, 2015, the Securities and Exchange Commission (“SEC”) announced that the Bank of New York Mellon Corporation (“BNY Mellon”) had agreed to settle administrative charges that it violated the Foreign Corrupt Practices Act (“FCPA”) by providing internships...

The Mini Cooper and Project Execution in Compliance

The price of oil hovers near $40 per barrel. There are all manner of responses suggested to this drop from nearly $100 per barrel just a short time ago. Yet the price of oil has long been much more than a political conversation, sometimes it leads to innovation. Today we celebrate the birth of the British...

Front-Line Interview Episode 1: Alison Taylor, How Organizations Impact Corruption

(Please visit the site to view this video) In the launch of a new video series, Front-Line Interviews, I engage with Alison Taylor, Director of Energy and Extractives at BSR (Business for Social Responsibility). I first became aware of Alison’s work via a Forbes article she authored “Compliance...

Friday FCPA Roundup for Week Ending August 28

This article was reprinted with permission from FCPA Professor The latest edition of the double standard, survey says, when the dust settles, and for the reading stack. It’s all here in the Friday roundup. Double Standard An individual currently holds political office in one unit of government...

Other DOJ Defeats When Asserting Aggressive Enforcement Theories Against Foreign Nationals

This article was reprinted with permission from FCPA Professor In the minds of some, the many recent DOJ defeats when put to its burden of proof in individual Foreign Corrupt Practices Act enforcement actions are of little consequence. Some have written off the DOJ’s struggle in the recent...

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 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...

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...