Thus far this year, the SEC has brought three Foreign Corrupt Practices Act enforcement actions involving alleged foreign bribery.
In the last approximate two months, the SEC has brought at least three FCPA enforcement actions not involving foreign bribery.
Confused?
Compared to many other federal statutes, there has been little caselaw interpreting the Foreign Corrupt Practices Act in its 45 years of existence.
Substantive opinions by appellate courts are even more rare.
Thus, it is often a big deal when
To call U.S. v. Hoskins a long-drawn out Foreign Corrupt Practices Act enforcement action would be an understatement.
In 2013, the DOJ criminally charged Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom)
The following are statements made by FCPA defendants immediately prior to being sentenced by a judge.
Remorse. Regret. Shame.
Embarrassment, not only for themselves, but for their family and friends as well.
It’s all there the moment before a judge
As highlighted in this prior post, in October 2019, the DOJ announced that Cyrus Ahsani and Saman Ahsani (the former CEO and Chief Operations Officer of Monaco-based Unaoil) pleaded guilty in March 2019 to one count of conspiracy to violate the
The DOJ has a specific website devoted to the Foreign Corrupt Practices Act.
On the page you will find a purported chronological list and alphabetical list of Enforcement Actions.
With any free website (let alone a government website), there
I recently spent some time on the DOJ’s FCPA Website and looked at all “Enforcement Actions” involving individuals from 2018 to the present.
Many of the separately listed “Enforcement Actions” involve multiple individual defendants and some individual enforcement actions are
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
Academics like to measure things.
However, just because something can be measured, doesn’t necessarily mean that it should be measured or that the measurement has any meaningful significance.
There are lots of things in the Foreign Corrupt Practices Act space
Recently Dick Roche (a former Irish Minister for European Affairs) published this article titled “How the USA turned the fight against corruption into a goldmine.”
It is certainly not the first article to be written with such a provocative headline