News and commentary about white-collar crime, enforcement, and compliance
Harry Cassin
Publisher and Editor
Andy Spalding
Senior Editor
Jessica Tillipman
Senior Editor
Bill Steinman
Senior Editor
Richard L. Cassin
Editor at Large
Elizabeth K. Spahn
Editor Emeritus
Cody Worthington
Contributing Editor
Julie DiMauro
Contributing Editor
Thomas Fox
Contributing Editor
Marc Alain Bohn
Contributing Editor
Bill Waite
Contributing Editor
Shruti J. Shah
Contributing Editor
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
During an unprecedented Senate investigation into the DOJ’s FCPA enforcement practices, Senator Arlen Specter, left, today questioned why no one is going to jail in the most egregious cases of foreign bribery.… Continue Reading
For years now, a certain reader has been stitching together for us enforcement topics in ways we hadn’t thought of.
This time our friend — who’s a top compliance professional and wants to remain anonymous — connects the dots from a few recent headlines.… Continue Reading
Professor Andrew Brady Spalding of the Chicago-Kent College of LawThe absurd conclusion to the Giffen prosecution illustrates, as effectively as any case could, the foreign policy debacle that is FCPA enforcement.… Continue Reading
Will disclosures by Wikileaks ever lead to prosecutions under the Foreign Corrupt Practices Act?
Maybe. The whistleblower site said this week that among the classified U.S. diplomatic cables it plans to publish soon will be some alleging corruption in foreign governments.… Continue Reading
The FCPA isn’t perfect and the DOJ’s enforcement style doesn’t always meet heavenly standards. But no one can deny this country’s contribution to keeping international business clean and holding national leaders accountable.… Continue Reading
By Jeffrey M. Kaplan
Since 1991 –- even prior to the Sentencing Guidelines going into effect -– Justice Department officials have said corporate charging decisions should be based in part on how effective a corporation’s compliance program was at the time of the offense in question.… Continue Reading
Kazakhstani President Nursultan Nazarbayev with then U.S. President George W. Bush, 2006. Photo credt to WikipediaOil consultant James H. Giffen, once accused of paying $84 million in bribes to the president of Kazakhstan and other foreign officials, wasn’t punished for a misdemeanor tax charge he pleaded guilty to in August to end his case.… Continue Reading
Creation has given up many of its deepest secrets. But how sentencing decisions are made in FCPA-related cases isn’t one of them.
To prove that, listen to the following exchange. It occurred in July this year when Juan Diaz, a Miami businessman, appeared in federal court to learn his fate.… Continue Reading
On Tuesday, Assistant Attorney General Lanny Breuer, left, acknowledged the growing debate about the FCPA. Although he said the DOJ is listening, his message was loud and clear: When it comes to enforcement, damn the torpedoes, full speed ahead.… Continue Reading
The Metropolitan Detention Center (MDC) in Los Angeles, California, an administrative facility for male and female inmates.How do you pressure an FCPA fugitive to turn himself in?
One way may be to arrest his wife, charge her with a couple of felonies, and hold her in pretrial detention until something gives.… Continue Reading
By James J. McGrath
As readers of the FCPA Blog have heard, the U.S. Chamber of Commerce’s Institute for Legal Reform has suggested five changes to the Foreign Corrupt Practices Act.… Continue Reading
Aung San Suu Kyi’s house as seen from the Inya Lake in Yangon May 28, 2009. Photo credited to Reuters.This past weekend, Burma’s opposition leader, Aung San Suu Kyi, now 65, was freed after nearly twenty years of house arrest.… Continue Reading