Last week Attorney General William Barr delivered this Constitution Day speech. The Foreign Corrupt Practices Act was never mentioned. However, as highlighted below several of the topics discussed were FCPA relevant. Barr stated: “The rule of law is the lynchpin of American freedom.  And the critical guarantee of the rule of law comes from the Constitution’s structure of separated powers.  The Framers recognized that by dividing the legislative, executive, and judicial powers— each significant,…
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 “earnings management” season at the SEC. The State Department’s “Investment Climate Statements” serve as a useful reminder why Congress chose to exempt facilitation payments from the reach of the FCPA’s…
For at least 15 years the government has encouraged business organizations to voluntary disclosure conduct that violates the Foreign Corrupt Practices Act. In more recent years, in 2012 the government sought in the FCPA Guidance to entice business organizations to voluntarily disclose by, among other things, highlighting six “anonymized examples of matters DOJ and SEC have declined to pursue” where a common thread was voluntary disclosure. In April 2016, it was the DOJ’s pilot program,…