Here’s a comment from Alexander Sierck, the lawyer for SERAP, about a different subject:
Dear FCPA Blog,
Your April 30 post about statute of limitations issues in the Wal-Mart case was a good one, particularly regarding conspiracy. Here’s another point.
Under FCPA for the substantive crime of bribes or offers, the five-year statute of limitations starts to run at the time of the bribe or offer. What happens if this occurred six years ago?
In an FCPA conspiracy case, however, the five-year statute of limitations begins to run only after the alleged wrongdoer received his last economic benefit, for example the final payment under a corrupt installment payment contract. See U.S. v. Mennuti, 679 F.2d 1032 (2nd Cir., May 13, 1982)
This is not exactly the Wal-Mart situation, but worth a consideration anyway.
Alexander W. Sierck