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FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. In the minds of some, companies that have resolved Foreign Corrupt Practices Act enforcement actions are bad or unethical companies. It is a tempting position to take. After all, the FCPA is about bribery and…
In the minds of some, companies that have resolved Foreign Corrupt Practices Act enforcement actions are bad or unethical companies. It is a tempting position to take. After all, the FCPA is about bribery and corruption. However, it is a wrong position to take in many (but certainly not all) instances. It surprises most people to learn that a company with pre-existing FCPA compliance policies and procedures – and a company otherwise making good faith efforts to comply…
This post highlights Foreign Corrupt Practices Act enforcement and related developments at the mid-point of 2020. As highlighted below, in four core corporate enforcement actions, the government has secured $674 million. None of the enforcement actions have resulted in any related charges against company employees. For a similar post at the mid-point of 2019 see here, for 2018 see here, for 2017 see here, and for 2016 see here. This post…
This post provides a summary of Foreign Corrupt Practices Act enforcement activity and related developments from the second quarter of 2020. For a similar post from Q1 2020, see here. In many respects, the second quarter of 2020 was likely the most unique quarter in FCPA history given the impacts of COVID-19. DOJ Enforcement (Corporate) The DOJ brought one corporate FCPA enforcement action in the second quarter. DOJ recovery in this action was approximately…
Yesterday was Father’s Day and the picture is of me and my twin 12-year old boys and my Dad. Father is just one of my titles. Referee and Compliance Officer being a few others. As to the later, Co-Compliance Officer along with my wife is the more accurate title (I wonder what the “Compliance 2.0” [or are we on to 3.0 now] folks would say about this structure)? Father’s Day is a chance to reflect…
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. In light of the substantial charitable needs as a result of the COVID-19 environment, this post discusses the charitable donation that did not occur. As highlighted in this post, Ng Lap Seng is seeking Supreme Court…
Esquenazi speaks, checking in on Goldman Sachs, and released. It’s all here in the Friday roundup. Esquenazi Speaks In 2011, Joel Esquenazi was convicted of one count of conspiracy to violate the FCPA and wire fraud; seven counts of FCPA violations; one count of money laundering conspiracy; and 12 counts of money laundering for a bribery scheme involving Haiti Teleco. Esquenazi was sentenced to an FCPA record 15 years in prison and his conviction was affirmed by the…
This site has published over 200 guest posts. The below guest post, originally published in 2018, is one of the best and is rebooted in light of the substantial charitable needs as a result of the COVID-19 environment. The guest post was authored by Corporate Counsel at a well-known U.S.-based publicly traded company. ***** Most people can agree that preventing corruption is a good thing, and that vigorous enforcement of the Foreign Corrupt Practices Act…
This is certainly not the first time these pages have addressed this topic and of all the topics periodically discussed on these pages, this topic has received some of the most positive feedback. For profit companies that host FCPA conferences are entitled to run their business as they see fit. However, when for profit companies use enforcement officials at the DOJ and SEC like commodities that are then marketed and sold to the public, this…
Fear based marketing, not a victim, dismissed, and for the reading stack. It’s all here in the Friday roundup. Fear Based Marketing Another example of lawyers trying to market the COVID-19 situation by asserting that “the novel and exigent circumstances brought on by the pandemic significantly increase companies’ risk exposure under the Foreign Corrupt Practices Act and global anti-bribery laws.” The piece even uses the personal protective equipment hypothetical that not even top DOJ officials…