To some, the legislative history of the Foreign Corrupt Practices Act is not important. However, there is one category of persons who rightly care about the motivations of Congress in passing the FCPA, the competing bills Congress considered in enacting the FCPA, and Congress’s intent as to variou
FCPA Professor enjoys a diverse group of readers including law students and young associates interested in careers that focus on the Foreign Corrupt Practices Act. To these readers and others, meet Mario Meeks, a 2008 graduate of the University of North Carolina School of Law and a current associa
The dog days of summer. A time for reflection, a time to think, a time to read. In this post, I provide an overview of my FCPA writings that can help you elevate your Foreign Corrupt Practices Act knowledge, sophistication, and practical skills. “The Foreign Corrupt Practices Act in a New Era
When the dust settles, scrutiny alerts and updates, quotable and for the reading stack. It’s all here in the Friday roundup. When the Dust Settles Given the ease in which information now flows and the world-wide interest in corruption and bribery, FCPA enforcement actions are read around the wor
The substance of this post is the same as this August 2013 post regarding the civil RICO action involving Pemex and Siemens. The only difference is that instead of a S.D. of New York decision that should cause pause as to certain FCPA enforcement theories, it is now a Second Circuit decision that
In the aftermath of the 11th Circuit’s recent “foreign official” decision, some appear perplexed why the meaning of “foreign official” even matters. This commentator stated: “If your are trying to figure out whether a company is a private company or an “instrumentality” of a foreign
In house counsel and other compliance professionals are often looking for additional ways to stress the importance of Foreign Corrupt Practices Act compliance to corporate leaders. A common way to do this is forwarding to corporate leaders the latest multi-million dollar settlement with the message
In order for a business organization to effectively minimize its Foreign Corrupt Practices Act scrutiny, employees need to understand the risks present in their specific job function. The best way for this to happen is for business leaders to directly engage with employees and inspire them to spot
By most measures, there are 193 countries in the world. According to the 11th Circuit’s recent “foreign official” ruling (see here), the FCPA’s key “foreign official” element can have 193 different meanings. As previously highlighted, the key language from the opinion is as follows. “A
Employee FCPA training is obviously an essential component of an effective Foreign Corrupt Practices Act compliance program. Yet when it comes to employee training, companies should consider omitting reference to the FCPA’s facilitating payments exception and affirmative defenses. You may be askin
Previous posts here, here, and here have highlighted various aspects of the 11th Circuit’s recent “foreign official” decision in U.S. v. Esquenazi (the first time in FCPA history that an appellate court has directly addressed the enforcement theory that employees of alleged state-owned or stat
I am pleased to announce publication of my book “The Foreign Corrupt Practices Act in a New Era.” The book dissects the FCPA’s new era and readers from the boardroom, to the courtroom, to the classroom will benefit from the nine chapters of the book which place the FCPA’s new era in contex
Last Friday, the 11th Circuit issued its long-awaited “foreign official” decision – the first time in FCPA history in which an appellate court addressed the prominent enforcement theory that employees of alleged state-owned or state-controlled entities are “foreign officials” under the FCP
As previously highlighted, last week the DOJ formally announced a criminal indictment against Joseph Sigelman charging the former co-CEO of PetroTiger “with conspiracy to violate the FCPA and to commit wire fraud, conspiracy to launder money, and substantive FCPA and money laundering violations.
In 1996, the SEC brought this civil complaint against Montedison, an Italian corporation with headquarters in Milan that had interests in the agro-industry, chemical, energy and engineering sectors. The enforcement action was principally a financial fraud case as the SEC alleged that […] via FC
Yesterday’s post focused on FCPA criminal trials. You might be wondering, what about FCPA civil trials? To my knowledge, there has never been a FCPA civil trial in which the SEC has been put to its burden of proof. The SEC has otherwise been put to its burden of proof in FCPA enforcement actions
The core enforcement action described below highlights a rare instance of FCPA violations being charged along with violations of the U.S. domestic bribery statute. The enforcement action is also a rare instance of the United States being the location where the foreign official […] via FCPA Pro
Yesterday the DOJ announced the unsealing of a criminal indictment charging six individuals “with participating in an alleged international racketeering conspiracy involving bribes of state and central government officials in India to allow the mining of titanium minerals.” According to the indi
This previous post highlighted specifics from the recent Marubeni Foreign Corrupt Practices Act enforcement action and this post continues the coverage by discussing various items of note. Do Legal Principles Even Matter? Forgive me for being the law guy, but in the aftermath of the Marubeni enforce
A post last week mentioned the $88 million Foreign Corrupt Practices Act enforcement action (the 12th largest of all-time in terms of settlement amount) against Marubeni (a Japanese company). In 2012, Marubeni resolved a $55 million FCPA enforcement action (see here for the prior post) involving
The Importance Of The FCPA's Legislative History - FCPA Professor
On Being An FCPA Associate ... A Q&A With Mario Meeks - FCPA Professor
Summer FCPA Reading List - FCPA Professor
Friday Roundup - FCPA Professor
Non-FCPA Legal Developments Should Cause Pause As To Certain FCPA Enforcement Theories - FCPA Professor
Why The Meaning Of "Foreign Official" Matters - FCPA Professor
New Article - "Foreign Corrupt Practices Act Ripples" - FCPA Professor
Understanding Risk To Reduce FCPA Scrutiny - FCPA Professor
The 193 Meanings of "Foreign Official" - FCPA Professor
When It Comes To Employee FCPA Training, Companies Should Consider Omitting Reference To The FCPA's Facilitating Payments Exception And Affirmative Defenses - FCPA Professor
11th Circuit "Foreign Official" Decision - Perspective Including As To The Court's Flawed Reasoning - FCPA Professor
New Book - "The Foreign Corrupt Practices Act In A New Era" - FCPA Professor
11th Circuit "Foreign Official" Decision - The Key Language - FCPA Professor
A Focus On FCPA Criminal Trials - FCPA Professor
The First FCPA Enforcement Action Against A Foreign Issuer, Plus An Interesting Issue - FCPA Professor
A Focus On FCPA Civil Trials - FCPA Professor
Bribery Of A Foreign Official On U.S. Soil - FCPA Professor
DOJ Alleges Wide-Ranging Conspiracy To Bribe Indian Officials To Secure Mining Licenses - FCPA Professor
Of Note From The Marubeni Enforcement Action - FCPA Professor
Marubeni Enforcement Action Specifics - FCPA Professor