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
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
Over on the White Collar Crime Prof Blog, Solomon L. Wisenberg posted links to FCPA-related jury instructions from some recent prosecutions.
There are complete or partial instructions for Frederic Bourke, Gerald and Patricia Green, Lindsey Manufacturing, and Pankesh Patel of the Africa sting case.… Continue Reading
On his D&O Diary, Kevin LaCroix always hits the ball straight and long.
But for our money, his post yesterday, Liability Without Culpability: A Deeply Troublesome Trend, was one of his best shots ever.… Continue Reading
Another group of defendants went on trial this week in federal court in the District of Columbia in the Africa sting case.
Patrick Caldwell, John Mushriqui, Jeana Mushriqui, Stephen Giordanella, John Godsey, and Marc Morales each face one count of conspiracy to violate the FCPA.… Continue Reading
A few years ago, after a dozen or so enterprising law students asked me what FCPA-related topics were ripe for research, I answered with a post on the FCPA Blog.
My suggestions included: (1) respondeat superior—the legal doctrine imputing to corporate employers the criminal acts of employees; (2) the sad state of the Department of Justice’s Opinion Procedure Releases; and (3) the confusing condition of the FCPA’s promotional-expenses affirmative defense.… Continue Reading
Does a defendant need to know a bribe taker is a ‘foreign official’ to be guilty of an FCPA offense?
According to the DOJ, the answer is ‘yes.’
The question came up this month in U.S.… Continue Reading
Lindsey Manufacturing Company, its CEO Keith Lindsey, and CFO Steve K. Lee yesterday filed a reply to the government’s opposition to their motion to dismiss the indictment against them with prejudice due to
repeated and intentional government misconduct.… Continue Reading
Only time will tell if Congress sticks with the old adage, “If it ain’t broke, don’t fix it,” or trades it in for a new one: “If it ain’t broke, don’t enforce it…then fix it.”… Continue Reading
Two newspaper journalists in Oman were sentenced Thursday to five months in prison for reporting alleged government corruption.
Editor Ibrahim al-Mammari and reporter Yousef al-Haj were jailed ‘for insulting the justice minister and his undersecretary by accusing them of deception and fraud in a recent article,’ Reuters said.… Continue Reading
The Wall Street Journal’s Corruption Currents just turned one. It celebrated with a post about the top five corruption convictions of the past twelve months.
Two entries have FCPA ties.… Continue Reading
In the run up to Ousama Naaman’s status hearing on October 19, there’s plenty going on.
In July, the former Innospec agent who pleaded guilty to an FCPA conspiracy count, said he had new classified evidence for the court to consider before sentencing him.… Continue Reading
Anti-corruption protests involving thousands of demonstrators broke out this week in Rio de Janeiro.
People there are waving brooms to show they want to clean up graft.
‘The demonstrators brought to the protest 594 brooms painted green and yellow,’ according to Fox News, ‘the colors of the national flag, which represent every one of the country’s 81 senators and 513 lower house members.’… Continue Reading
A powerful, detailed rebuttal to the U.S. Chamber of Commerce’s proposals to amend the U.S. FCPA launched this month. Professorial powerhouses David Kennedy (Harvard Law School) and Dan Danielsen (Northeastern School of Law) issued their 84 page analysis, Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act.… Continue Reading