Marc Alain Bohn | Contributing Editor
Marc Alain Bohn is a contributing editor of the FCPA Blog.
He’s Senior Counsel, Anti-Corruption Compliance at VF Corporation.
While attending George Washington University Law School, Marc co-founded and chaired the George Washington National Religious Freedom Moot Court Competition.
Disgorgement, an overlooked aspect of the Ralph Lauren settlement?
As part of its recent settlement with the SEC, Ralph Lauren Corporation agreed to disgorge $593,000 that was “obtained or retained as a result of the violations discovered during the investigation,” along with $141,846 in pre-judgment interest.
Year’s first FCPA enforcement action flies under the radar
In what is thought to be the first FCPA-related enforcement action ever taken against a China-based company, the SEC entered into a joint settlement yesterday with Keyuan Petrochemicals Inc. and its former CFO, Aichun Li, over alleged violations of the books and records and internal controls provisions of the FCPA, and anti-fraud and reporting provisions of other federal securities laws.
The FCPA Docket (February 2013)
With the assistance of Karen Polk (Miller & Chevalier’s librarian), our firm tracks the active “FCPA Docket” involving individuals, which includes all known FCPA-related ongoing prosecutions, fugitives, sentencings, and pending appeals. This information is current as of February 4, 2013.
Final count for 2012 declinations
In the prior post, I explained why a broad definition of ‘declinations’ is needed to overcome a lack transparency by the DOJ and SEC when tracking agency decisions conclude FCPA investigations without pursuing enforcement actions.
Revisiting the Definition of ‘Declinations’
In a recent post, the FCPA Professor questioned the broad application of the label “declination” to any instance of FCPA scrutiny that does not result in an FCPA enforcement action.
What’s really inside the new guidance?
Just over a year after Assistant Attorney General Lanny A. Breuer first announced plans to issue “detailed new guidance on the [FCPA’s] criminal and civil enforcement provisions,” the Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) today jointly issued this long-awaited formal guidance entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (“the Guide”).
Where exactly is the FCPA guidance?
Late this summer, press outlets reported on anonymous claims that the Department of Justice and Securities and Exchange Commission likely would be releasing their long awaited FCPA Guidance in advance of an annual OECD Working Group on Bribery meeting on October 10, 2012.
The FCPA Docket (January 2012)
Here’s an overview of ongoing FCPA-related: (a) individual prosecutions; (b) pending sentencings, appeals,and extraditions; and (c) at-large fugitives.
What Exactly is Disgorgement?
Disgorgement has quietly become a potent and heavily relied on aspect of the SEC’s FCPA enforcement strategy. So what is disgorgement exactly and how is it calculated?
Are GM Employees Government Officials?
The end came last month for a privately-held American company called Nexus Technologies. It pleaded guilty to conspiracy and violating the Foreign Corrupt Practices Act