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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Suicide of course is not a pleasant topic, but it does occur and occasionally it occurs in connection with bribery and corruption investigations. As highlighted in various media reports, recently Alan García (the two-time former Peruvian president) shot himself in the head during an early morning police raid on his house in connection with allegations that received millions of dollars in bribes from Brazi-based Odebrecht – a company which resolved an FCPA enforcement action in 2016…
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Suicide of course is not a pleasant topic, but it does occur and occasionally it occurs in connection with bribery and corruption investigations. As highlighted in various media reports, recently Alan García (the two-time former Peruvian president) shot himself in the head during an early morning police raid on his house in connection with allegations that received millions of dollars in bribes from Brazi-based Odebrecht – a company which resolved an FCPA enforcement action in 2016…
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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 podcast episode is a conversation with Sandra Moser (Quinn Emanuel).  Moser is the former chief of the DOJ’s Fraud Section which has exclusive criminal enforcement authority of the FCPA. During the podcast, Moser discusses: (i) things…
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As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (a former co-president of Transport Logistics International) was criminally charged with FCPA and related violations concerning the same underlying bribery scheme alleged in prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey. This recent motion filed by Lambert to compel government disclosure of evidence highlights a counterintelligence investigation allegedly at issue in the enforcement…
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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. This new article is an in-depth analysis of 2018 FCPA enforcement and related developments. This post highlights why 2004 was an important year in terms of modern FCPA enforcement. As highlighted here, judicial findings of…
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More false information, scrutiny alert, points of contact, and ineffective communication. It’s all here in the Friday roundup. More False Information More false information from the FCPA Blog in this post which asserts that “anyone relying on the [FCPA’s facilitation] exception should be prepared to defend it — that is, the burden of proof is on the one asserting the exception as a defense to an FCPA violation.” This is a false statement. The issue…
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Seven years ago this week the New York Times published an article (here) titled “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle.” The conduct at issue in the Times article related to Wal-Mart’s largest foreign subsidiary, Wal-Mart de Mexico (“Wal-Mart Mexico), and suggested that Wal-Mart Mexico “orchestrated a campaign of bribery to win market dominance” and that the entity “paid bribes to obtain permits in virtually every corner” of Mexico. The April 2012 NY…
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Seven years ago this week the New York Times published an article (here) titled “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle.” The conduct at issue in the Times article related to Wal-Mart’s largest foreign subsidiary, Wal-Mart de Mexico (“Wal-Mart Mexico), and suggested that Wal-Mart Mexico “orchestrated a campaign of bribery to win market dominance” and that the entity “paid bribes to obtain permits in virtually every corner” of Mexico. The April 2012 NY…
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As highlighted towards the end of this post, judicial findings of prosecutorial misconduct and other mishaps have been an all too frequent feature in contested individual FCPA enforcement actions. In this recent filing, Richard Boncy (an individual added to the Haiti port project enforcement action in October 2018) moves to dismiss the indictment “on the basis that the Government has destroyed and otherwise failed to preserve evidence that would show he is innocent of…
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There are many practical (as well as certain provocative) reasons for the general increase in Foreign Corrupt Practices Act enforcement in the modern era. (See Chapter 6 of the book “The FCPA In a New Era” for a full discussion of this topic). As highlighted in this post, 2004 was an important year that saw three developments relevant to the modern era of FCPA enforcement. U.S. v. Kay Prior to the 5th Circuit’s…