Topic
Bribery
1,283 published works
China Law Insight
何为“推定明知”——走私帮助犯的主观认定
By King & Wood
走私行为往往包含谋划走私、寻找卖家和买家、筹集资金、跨境运输、境内销售、利润分配等环节，这导致走私犯罪多表现为共同犯罪。客观上为走私犯罪提供帮助作用的行为人是否成立共同犯罪，通常是控辩双方的争议焦点之一。本文将根据法律和司法解释规定，结合典型案例，分析、讨论司法实践中走私帮助犯主观认定问题，尤其是实践中如何通过一定证据推定帮助者主观明知。
FCPA Professor
Grubisich Sentenced To 20 Months (Judge Rejects DOJ’s 60 Month Recommendation)
By Mike Koehler
As highlighted in this prior post, in late 2016 the DOJ and SEC brought a Foreign Corrupt Practices Act enforcement action against Odebrecht S.A. (a Brazilian holding company) and Braskem S.A. (a…
FCPA Professor
Swedish Appellate Court Agrees, Karimova Was Not A “Public Official” (The Same Enforcement Theory That The U.S. Largely Used To Secure Approximately $1.7 Billion In FCPA Settlements)
By Mike Koehler
This post is related to a prior post from March 2019 regarding the same subject. In recent years, the U.S. government has secured approximately $1.7 billion in net Foreign Corrupt…
FCPA Professor
Petrobras Exits NPA
By Mike Koehler
As highlighted here, in September 2018 Petrobras (a Brazilian state-owned and state-controlled energy company) entered into agreements with U.S. and Brazilian authorities “in connection with Petrobras’s role in facilitating payments to…
FCPA Professor
Petrofac Resolves Bribery Act Enforcement Action
By Mike Koehler
Petrofac (a U.K. based oil and gas company with ADRs registered with the SEC) has been under scrutiny since 2016 regarding its relationship with Unaoil. (See here for the prior post). In 2019,…
FCPA Professor
Interesting Causation Decision
By Mike Koehler
One of the most challenging issues to pin down in many legal and policy discussions is causation. When thinking of causation, we often fall for the fallacy of post hoc ergo…
FCPA Professor
In Connection With 2019 Ericsson Enforcement Action, DOJ Criminally Charges Former Ericsson Employee
By Mike Koehler
As highlighted in this prior post, in late 2019 Swedish telecom company Ericsson (a company with American Depositary Shares traded in the U.S.) resolved a $1.06 billion net FCPA enforcement action concerning…
Law Times News
Court of Appeal clarifies mens rea for bribery under Corruption of Foreign Public Officials Act
Defence need only establish 'reasonable possibility' late disclosure impacted trial fairness: Court
FCPA Professor
FCPA Flash Podcast – A Conversation With Robin Lööf Regarding Ten Years Of The U.K. Bribery Act
By Mike Koehler
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…
FCPA Professor
Judge Recommends Dismissal Of 500.com Bribery Related Securities Fraud Suit
By Mike Koehler
500.com is an online gaming company incorporated in the Cayman Islands with principal executives offices in China and shares traded on the New York Stock Exchange. In a securities fraud class…