Topic
Bribery
1,180 published works
China Law Insight
单位行贿与个人行贿界分标准的实务探讨 ——《贪污贿赂刑事案件解释(二)》第十六条的理解与适用
By King & Wood
作者:杨帆 孙敬芳 林资祺 郭堉恺 最高人民法院、最高人民检察院颁布的《关于办理贪污贿赂刑事案件适用法律若干问题的解释(二)》(法释〔2026〕6号)已于2026年5月1日起施行。其中,第十六条专门就单位行贿罪与行贿罪的界分标准作出规定,明确“单位集体决定,违法所得归单位所有”或“单位实际控制人或者主管人员决定,违法所得归单位所有”的,以单位行贿罪定罪处罚;同时规定,个人财产和单位财产高度混同、单位通过行贿所获不正当利益实际归个人所有的,以行贿罪定罪处罚。这是最高司法机关首次在贪污贿赂犯罪司法解释层面对单位犯罪与个人犯罪的界分作出规定,为司法实践中长期存在的界分争议提供了指引。 阅读更多
FCPA Professor
Dear “Docketing Clerk” For The U.S. District Court – W.D. of Texas (El Paso)
By Mike Koehler
On July 17th, the DOJ announced an FCPA enforcement action against The Scoular Company based on alleged bribery scheme in Mexico. (See here for the prior post). The criminal information…
The Southern District of Florida Blog
Girl you know it's true
By davidoscarmarkussdfla-blogspot-com
By David Oscar Markus Do jurors know who Milli Vanilli is? A lawyer for a Goldman Sachs banker is betting on it as he invoked the lip synching group from the…
FCPA Professor
DOJ Objects To Further Briefing In Hobson Motion For Acquittal
By Mike Koehler
This recent post discussed how newly engaged defense counsel in U.S. v. Hobson made a filing seeking leave to file a reply in support of Hobson’s pending motion for a…
FCPA Professor
Berko Trial Begins
By Mike Koehler
This week trial begins in U.S. v. Asante Berko (a former Executive Director of Goldman Sachs International) before Judge Diane Gujarati (E.D.N.Y.). The trial is believed to be just the 27th…
The CLS Blue Sky Blog
Davis Polk Discusses DOJ’s Most Recent FCPA Case
By Renholding
On July 17, 2026, Scoular, a Nebraska-based agricultural company, entered into a three-year deferred prosecution agreement (DPA) with DOJ to resolve a Foreign Corrupt Practices Act (FCPA) case. The case…
FCPA Professor
Alvelais Sentenced To 1.5 Years
By Mike Koehler
In 2025, Carlos Leopoldo Alvelais pleaded guilty to a Foreign Corrupt Practices Act offense of some sort in the Western District of Texas. (See here for the prior post). The facts and…
FCPA Professor
Scoular Resolves $10.2 Million FCPA Enforcement Action
By Mike Koehler
In 2025, Carlos Leopoldo Alvelais pleaded guilty to a Foreign Corrupt Practices Act offense of some sort in the Western District of Texas. (See here for the prior post). The…
FCPA Professor
New Counsel In Hobson Cites Recent Supreme Court Decision And How It “Bears Directly On How This Case Was Litigated”
By Mike Koehler
As discussed here, in February Charles Hunter Hobson (who served in a variety of roles at Corsa Coal from 2013 to 2018) was found guilty by a jury for various Foreign…
FCPA Professor
Adani Responds
By Mike Koehler
This prior post highlighted the on-going saga in U.S. v. Adani et al in connection with an alleged Indian bribery scheme (see here for the original post). Gautam Adani, and…