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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

The FCPA Goes To Court

For such a high-profile federal law, the Foreign Corrupt Practices Act doesn’t make it to court much. In fact, most years go by without a single trial involving the FCPA. That’s because typical defendants would rather cut a deal with prosecutors instead of risking a guilty verdict that might carry a five-year jail term.… Continue Reading

Fearing Third Parties

U.S. executives know that most Foreign Corrupt Practices Act compliance risks come from third parties — overseas acquisition targets, joint venture partners, agents and others. Despite that knowledge, about three quarters of them think their company’s due diligence of intermediaries isn’t working.… Continue Reading

Siemens Announces €1 Billion Reserve

Siemens AG said yesterday that it has reserved €1 billion in fiscal 2008 “in connection with the settlement being sought by the company and with authorities in Germany and the United States.”… Continue Reading

Bribery’s Other Victims

The comments were polite but pointed. This blog, the reader said, showers attention on bribe payers but ignores bribe takers. That’s not fair. Those taking kickbacks are at least as culpable as those paying them.… Continue Reading

And The Winner Is . . .

. . . the constitution of the United States.

Once again, We The People have peacefully transferred the power to lead our country. That event, each time it happens, is nothing short of a miracle.… Continue Reading

U.S. Law Firms Face China Bribery Probe

At least two unidentified American law firms with offices in Beijing and Hong Kong have been mentioned in connection with an anti–corruption sweep in China. The current investigation is apparently linked to Avon Product’s Foreign Corrupt Practices Act disclosure two weeks ago.… Continue Reading

A Word Of Thanks . . .

We’re always thankful for Fridays, of course, but today ranks above others. Finally we can say goodbye to October 2008 — a month that changed the world. We asked a friend for a favor last week.… Continue Reading

Limiting The Local Law Defense

The Opinion and Order in U.S. v. Kozeny issued October 21, 2008 mentioned in our post yesterday deals directly with the Foreign Corrupt Practices Act’s local law affirmative defense. That defense says a bribe paid to a foreign official is permitted if it was “lawful under the written laws and regulations of the foreign official’s” country.… Continue Reading

In Bourke’s Case, We Stand Corrected

We never forget how many of our readers are real experts in the Foreign Corrupt Practices Act. And how generous they are with their help. It happened again late last week when they asked us to set the record straight in U.S.Continue Reading

Use It Or Lose It

We always enjoy it when Pete from DC drops by the blog. He’s a veteran compliance professional and thinks deep thoughts about the Foreign Corrupt Practices Act. Lately, he told us, he’s been thinking about audit rights — the kind mentioned in our recent post about joint ventures.Continue Reading

Business Down, Compliance Risks Up

When times are tough and markets shrink, new international joint ventures sprout up everywhere. They’re a fast and inexpensive way to expand commercial reach. JVs formed out of economic necessity often bring together companies that in good times are competitors.… Continue Reading