Last year, we saw more enforcement actions brought against individuals than ever (up to 34, depending on how you’re counting), and a record number of convictions secured after trial (three). The cost of violating the FCPA continued to skyrocket.… Continue Reading
In this era of heightened FCPA enforcement, it is easy to assume that a red flag signals the end of a relationship with a business intermediary. By my count, 11 of the last 17 FCPA enforcement actions involved bribes funneled to foreign officials through third parties.… Continue Reading
Federal court opinions interpreting the FCPA are rare indeed — my informal tally puts the number at a dozen or so since 1977. This week, that number increased by one, thanks to the 9th Circuit’s opinion in Wadler v.… Continue Reading
I see it time and time again — third parties that would otherwise pass muster under a client’s due diligence process create their own red flags.
They push back on a local registration requirement.… Continue Reading
Last week the Department of Justice reminded us that the FCPA remains a force to be reckoned with. And for the second time in as many years, I’ve taken to my keyboard to remind the world that, despite so many hopes and predictions, FCPA enforcement is not dead.… Continue Reading
Your company has just won a major contract with a foreign government, and before you can even break out the champagne, your customer instructs you to engage a specific local subcontractor.… Continue Reading
FCPA practitioners welcomed Rod Rosenstein’s announcement that the Department of Justice has made the FCPA Pilot Program permanent, and incorporated it into the U.S. Attorneys’ Manual. In the words of one of my colleagues, the audience “noticeably lightened up” at the Deputy AG’s news. … Continue Reading
When Jimmy Carter signed the Foreign Corrupt Practices Act into law in December 1977, it couldn’t have been further from my mind. Had it entered my consciousness at all — which it likely didn’t — it would have been crowded out by Luke Skywalker, Chewbacca and Darth Vader.… Continue Reading
Lawyers: As a group, we think we’re pretty special. Servants of the law and all that. But in truth, there’s really only one thing that sets us apart from other professionals: the attorney-client privilege (yes, yes, we can also represent others in court, but that’s not the point of this post). … Continue Reading
There are no two ways about it. Indirect offset transactions are burdensome.
First, they’re hard to find. I’ve heard just about every idiom in the book used to describe their rarity.… Continue Reading
Satisfying offset obligations is hard. Readers will recall that offsets are financial obligations imposed on defense contractors by foreign government customers as a condition to defense procurements.
For every dollar of financial benefit the defense contractor creates in the country in question, it is given credit towards satisfying its obligation. … Continue Reading