FCPA Professor LLC

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," FCPA Professor has been named a Top Law Blog for in-house counsel by Corporate Counsel, a Top 25 Business Law Blog by LexisNexis, and a top 100 Legal Blog by the American Bar Association. FCPA Professor readers include a world-wide audience of attorneys, business and compliance professionals, government agencies, scholars and students, journalists and other interested persons.

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Latest from FCPA Professor LLC

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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. See here for the latest episode of the FCPA Flash podcast regarding the Supreme Court’s recent decision in Gamble and its implications for FCPA enforcement including “piling on.” As highlighted here, SEC Chair Jay…
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It’s mid-September which means a few things: the days are getting shorter, the trees are beginning to show color, and DOJ and SEC enforcement officials are on the speaking circuit. Earlier this week it was SEC Chairman Jay Clayton (see here for the prior post) and yesterday it was DOJ Deputy Assistant Attorney General Matthew Miner who spoke on the two primary goals of white collar criminal enforcement: “(1) to deter legally non-compliant behavior and…
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Including the first time I proposed this concept in 2010, this is the 10th time I have written this general post (see here, here, here, here, here, here, here, here and here for the previous versions) and until things change I will keep writing it which means I will probably keep writing this same general post long into the future. The proposal is this: when a company voluntarily discloses an FCPA internal…
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As highlighted in prior posts here and here, the recent Foreign Corrupt Practices Act enforcement action against Juniper Networks was an $11.7 million joke. For starters, the company was under FCPA scrutiny for an unconscionable six years, the conduct at issue was beyond any conceivable statute of limitations, the SEC invoked an internal controls standard of liability that does not even exist in the FCPA, the company agreed to pay $5.2 million in disgorgement even…
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These pages have long posed the question of whether the Foreign Corrupt Practices Act has been successful in achieving its objectives. (See here for a recent law review article titled “Has the FCPA Been Successful in Achieving Its Objectives” – see also here for FCPA Flash podcast episodes on the topic). These pages have also long posed the question of whether country exits in the aftermath of FCPA scrutiny or enforcement are a good thing…
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The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor. This FCPA Flash episode is a conversation with Patrick Campbell (BakerHostetler) regarding an article he recently co-authored about the Supreme Court’s decision in Gamble v. U.S. about the Double Jeopardy Clause of the Fifth Amendment. During the podcast, Campbell:…
Interested in elevating your Foreign Corrupt Practices Act knowledge and practical skills? For professionals in the FCPA space – or wishing to join the FCPA space – this is what the FCPA Institute is all about and the next FCPA Institute will be in Boston on October 3-4. The FCPA Institute is different than a typical FCPA conference. At the FCPA Institute, information is presented in an integrated and cohesive manner by an expert instructor with FCPA…
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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. As highlighted here, in a fact pattern believed to be a first in Foreign Corrupt Practices Act history, an individual pleaded guilty to FCPA and related offenses in connection with an adoption scheme in…
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Cannabis industry, fooled me, questions abound, survey says, scrutiny alert, and for the reading stack. It’s all here in the Friday roundup. Cannabis Industry This recent FBI public recording states: “As an increasing number of states change their marijuana legislation, the FBI is seeing a public corruption threat emerge in the expanding cannabis industry. States require licenses to grow and sell the drug—opening the possibility for public officials to become susceptible to bribes in exchange…
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This prior post highlighted the SEC’s $11.7 million Foreign Corrupt Practices Act enforcement action against Juniper Networks. This post continues the analysis by highlighting additional issues to consider. Timeline As highlighted in this prior post, Juniper Networks disclosed its FCPA scrutiny in mid-2013. Thus, from start to finish the company’s FCPA scrutiny lasted an unconscionable six years. If the SEC wants its enforcement program to be viewed as effective and credible, it must resolve…