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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FCPA Professor

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Mike Koehler

Latest from FCPA Professor LLC

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This prior post highlighted Public Citizen’s (a non-profit organization which bills itself as “serv[ing] as the people’s voice in the nation’s capital”) sophomoric commentary about Walmart’s Foreign Corrupt Practices Act scrutiny. Now that Walmart has finally resolved its long-standing FCPA scrutiny (see here, here, here, here, and here for prior post), Public Citizen is back at it and recently released this unbelievably uniformed release about the Walmart enforcement action. The statement, titled…
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As highlighted in prior posts here, here and here, in August 2018 the Second Circuit rejected the DOJ’s expansive jurisdictional theory of prosecution while at the same time allowing the case to proceed on the factual issue of whether Lawrence Hoskins (a U.K. national) was “an agent of a domestic concern.” Nearly a year has since passed and with trial less than two months away lawyers for Hoskins (led by Christopher Morvillo at Clifford…
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In the recent Walmart enforcement action, the DOJ’s NPA states that the company received “full credit” for its cooperation with the DOJ “into conduct in Brazil, China, and India and partial cooperation credit for its investigation into conduct in Mexico.” The NPA further states: “the Company received partial credit for the conduct in Mexico because, in the view of the DOJ, Walmart did not timely provide documents and information to the DOJ in response…
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This previous post highlighted a whistleblower’s attempt (referred to as John Doe) to force the SEC to speed its award decision making process in connection with the $519 million Foreign Corrupt Practices Act enforcement against Teva Pharmaceutical in late 2016. (See here for the prior post). Recently, the SEC filed this response brief stating that the SEC’s Office of the Whistleblower (OWB) is reviewing Doe’s application, but a preliminary determination has not yet been issued. Using…
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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, it is ridiculous that Walmart was required to engage a monitor as a condition of its recent FCPA enforcement action. Nevertheless, the monitor agreement is interesting. As highlighted here, the…
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Scrutiny alert, the irony of it all, just saying …, not sure why, and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alert AAR Corp. The company, a provider of aviation services with numerous U.S. government contracts, recently disclosed: “The Company retained outside counsel to investigate possible violations of the Company’s Code of Conduct, the U.S. Foreign Corrupt Practices Act, and other applicable laws, relating to the Company’s activities in…
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Including the first time I proposed this concept in 2010, this is the 9th time I have written this general post (see 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 investigation to…
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This previous post went in-depth into the net $81.9 million DOJ FCPA enforcement action against TechnipFMC and how the company joined the FCPA repeat offender list. This post continues the analysis by highlighting additional issues to consider. Statute of Limitations Pardon me for being “that guy” but the bulk of the conduct at issue in the enforcement action (both the Technip USA information and plea involving alleged conduct in Brazil and the TechnipFMC  information and…
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Prior posts here, here and here concerned so-called “Caremark Claims.” In short, a corporate director’s duty of good faith has evolved over time to include an obligation to attempt in good faith to assure that an adequate corporate information and reporting system exists. In Caremark (a 1996 decision by the Delaware Court of Chancery – a trial court), the court held that a director’s failure to do so, in certain circumstances, may give rise to individual director liability…
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As highlighted in prior posts here and here, in October 2018 the DOJ released a new monitor policy titled “Selection of Monitors in Criminal Division Matters.” The memo was not Foreign Corrupt Practices Act specific, but FCPA relevant as it established “standards, policy, and procedures for the selection of monitors in matters being handled by Criminal Division attorneys” and “shall apply to all Criminal Division determinations regarding whether a monitor is appropriate in specific cases and…