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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. In honor of President’s day, this post highlights the roles of the Gerald Ford, Jimmy Carter, Ronald Reagan, and William Clinton administrations in enactment and subsequent development of the FCPA. This post takes a look…
Scrutiny alert, investor wants answers, sentenced, to Bribery Act Inc., and for the reading stack. It’s all here in the Friday roundup. Scrutiny Alert Raytheon recently disclosed: “Raytheon has received a subpoena from the Securities and Exchange Commission (SEC) seeking information in connection with an investigation into whether there were improper payments made by Thales-Raytheon Systems (TRS), Raytheon or anyone acting on their behalf in connection with TRS or Raytheon contracts in certain Middle…
As highlighted in this prior post, in connection with the Cognizant Technology Solutions Foreign Corrupt Practices Act enforcement action concerning obtaining various permits in India, the DOJ (and SEC) also charged Gordon Coburn (former President and CFO of the company) and Steven Schwartz (former Executive Vice President and Chief Legal and Corporate Affairs Officer) with various FCPA offenses. Coburn and Schwartz are putting the government to its burden of proof and recently U.S. District…
In mid-2013, the DOJ announced that various current and former of Alstom resolved a Foreign Corrupt Practices Act enforcement action in connection with the Tarahan power project in Indonesia. The underlying charging documents were from 2012. (See here). Thereafter, in 2013 additional individuals associated with Alstom were also charged (see here and here) including Lawrence Hoskins who was found guilty at trial in 2019. (See here). In early-2014, Marubeni (a consortium partner…
Previous posts here and here looked at the U.S. Foreign Corrupt Practices Act enforcement action against Airbus. This previous post looked at the U.K. Bribery Act enforcement action against Airbus. This post completes the enforcement trilogy, bylooking at the French enforcement action against Airbus. Like the prior U.S. and U.K. bribery enforcement action, the French enforcement action against Airbus (see here for the Judicial Public Interest Agreement) focused on the use of business partners in…
Today is Presidents’ Day. This post highlights the roles of the Gerald Ford, Jimmy Carter, Ronald Reagan, and William Clinton administrations in enactment and subsequent development of the FCPA. The article “The Story of the Foreign Corrupt Practices Act” also contains a detailed overview of the roles of the Ford and Carter administrations. Ford After watching Congress investigate and hold hearings on the foreign payments problem for approximately nine months, in March 1976…
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 post describes how the DOJ “piled on” Airbus and highlights other issues to consider from the enforcement action. In light of the recent Airbus enforcement action, this post revives a post from 2009 in…
According to this recent Wall Street Journal article, “Justice Department lawyers have improperly used requests for overseas evidence to buy more time to bring some fraud cases, a memo filed with the agency’s internal watchdog alleges. […] If the allegations in the memo are determined to be true, they could indicate that the Justice Department has bent the rules in a way that damaged defendants’ rights. Suspects in many federal crimes can’t be charged…
When making a decision whether to voluntarily disclose Foreign Corrupt Practices Act issues, corporate leaders need to understand the full range of ripple effects that will likely occur upon disclosure. (See here for the article “FCPA Ripples”). One should not just look at the supposed reduction in an FCPA settlement amount and narrowly conclude that the company benefited from the voluntary disclosure. Such a narrow view fails to take into account the many other ripple…
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 Matthew Boyden. Boyden recently joined R. McConnell Group (a boutique law firm in Houston specializing in FCPA compliance and investigations among other things). Prior to joining the firm,…