As highlighted here and here, in July 2018 Credit Suisse resolved a $77 million Foreign Corrupt Practices Act enforcement action focused on alleged improper hiring practices in China and the Asia Pacific region.
As highlighted here, in January 2019
Continue Reading Credit Suisse Resolves $99 Million SEC FCPA (And Related) Enforcement Action
Participants from around the world are already signed up for the FCPA Institute – Zoom on October 27th-29th to elevate their Foreign Corrupt Practices Act knowledge and skills and so can you.
The FCPA Institute – Zoom will consist of
Continue Reading FCPA Institute – Zoom (Oct. 27 – 29)
Early in my legal career, an experienced lawyer told me about what he referred to as the “doctrine of apparent progress.”
It goes something like this.
Whether or not you are actually making progress with a client engagement (or other
Continue Reading The Doctrine Of Apparent Progress
SEC Director of Enforcement Gurbir Grewal recently delivered this speech to a securities industry audience.
While the Foreign Corrupt Practices Act was not specifically mentioned, the topics Grewal discussed (corporate responsibility, gatekeeper accountability, and remedies) are FCPA relevant.
Regarding corporate
Continue Reading SEC Director Of Enforcement Grewal On ….
As highlighted in this prior post, in June 2020 the Supreme Court concluded in Liu v. SEC that “a disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief permissible” under 78u(d)(5)
Continue Reading 5th Circuit Interprets “Awarded For Victims” Language From Supreme Court’s Liu Decision
As highlighted in this prior post, in late 2016 the DOJ and SEC brought a Foreign Corrupt Practices Act enforcement action against Odebrecht S.A. (a Brazilian holding company) and Braskem S.A. (a Brazil-based petrochemical company with shares traded on the
Continue Reading Grubisich Sentenced To 20 Months (Judge Rejects DOJ’s 60 Month Recommendation)
This post is related to a prior post from March 2019 regarding the same subject.
In recent years, the U.S. government has secured approximately $1.7 billion in net Foreign Corrupt Practices Act settlement amounts in related FCPA enforcement actions against telecommunications
Continue Reading Swedish Appellate Court Agrees, Karimova Was Not A “Public Official” (The Same Enforcement Theory That The U.S. Largely Used To Secure Approximately $1.7 Billion In FCPA Settlements)
Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of hundreds of professionals from around the world. In the current COVID environment, the traditional two-day in-person FCPA Institute is still not yet feasible.
Continue Reading Elevate Your FCPA Knowledge And Practical Skills – FCPA Institute Zoom (Oct. 27-29)
One reason to take FCPA enforcement agency rhetoric with a grain of salt is because it is warranted.
For instance, the FCPA enforcement agencies often talk about the importance of x and how they are committed to x, but in
Continue Reading The Current Time Gap In SEC Individual FCPA Enforcement Is The Longest In Eight Years
As highlighted here, in September 2018 Petrobras (a Brazilian state-owned and state-controlled energy company) entered into agreements with U.S. and Brazilian authorities “in connection with Petrobras’s role in facilitating payments to politicians and political parties in Brazil, as well as
Continue Reading Petrobras Exits NPA
