Several prior posts (see here, here, here and here for instance) have highlighted the clustering phenomenon and how a few discreet instances of alleged bribery yield an inordinate amount of Foreign Corrupt Practices Act enforcement activity against individuals. One such example is the DOJ’s long-standing enforcement action (charges were first brought in late 2015) in connection with alleged corrupt schemes to secure contracts from Venezuela’s state-owned and state-controlled energy company, PDVSA. In this recently …

Prior posts here, here and here highlighted a bill recently introduced in the House of Representatives titled the Foreign Extortion Prevention Act which seeks to capture the so-called “demand side” of bribery by foreign officials given that the FCPA’s current anti-bribery provisions only capture the so-called “supply side” of bribery. As noted in the prior posts, The Foreign Extortion Prevention Act seeks to prohibit such conduct – not through amending the FCPA – but…

Wal-Mart, Amazon, GE Healthcare, Oracle, Visa, Lowes, SAP, Las Vegas Sands, Olympus, Post Holdings, McDermott International, Caesars Entertainment, Micron Technology, ADM, Cummins, Bechtel, Discover Financial Services, KBR, Halliburton, Johnson & Johnson, Crawford Co., Realogy Holdings, CVS Caremark, Ace Hardware, Ensco, HCA Healthcare, Carnival Cruise Line, Olin Corp., CB&I, Abbott, Marathon Petroleum, Expeditors, Netflix, Wells Fargo, Schnitzer Steel 3M, Briggs & Stratton, Sherwin Williams, Standard Motor Products, Graebel, United Health Group, CHS, Allison Transmission, Bunge, Chemours,…

Approximately 90% of SEC corporate FCPA enforcement actions in recent years have lacked any related charges against company employees. A bit unusual then that the February 2019 enforcement action against Cognizant Technology Solutions (see here) has resulted in not one, not two, but three individual enforcement actions as last Friday the SEC announced an administrative action against Sridhar Thiruvengadam (pictured – an Indian national and resident who previously served as Cognizant’s Chief Operating Officer).…

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. See here for the latest episode of the FCPA Flash podcast regarding the Supreme Court’s recent decision in Gamble and its implications for FCPA enforcement including “piling on.” As highlighted here, SEC Chair Jay…

It’s mid-September which means a few things: the days are getting shorter, the trees are beginning to show color, and DOJ and SEC enforcement officials are on the speaking circuit. Earlier this week it was SEC Chairman Jay Clayton (see here for the prior post) and yesterday it was DOJ Deputy Assistant Attorney General Matthew Miner who spoke on the two primary goals of white collar criminal enforcement: “(1) to deter legally non-compliant behavior and…

Including the first time I proposed this concept in 2010, this is the 10th time I have written this general post (see here, 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…