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Editors

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Harry Cassin
Publisher and Editor

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Andy Spalding
Senior Editor

Jessica Tillipman

Jessica Tillipman
Senior Editor

WILLIAM B.F. STEINMAN

Bill Steinman
Senior Editor

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Richard L. Cassin
Editor at Large

Elizabeth K. Spahn

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington

Cody Worthington
Contributing Editor

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Julie DiMauro
Contributing Editor

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Thomas Fox
Contributing Editor

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Marc Alain Bohn
Contributing Editor

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Bill Waite
Contributing Editor

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Shruti J. Shah
Contributing Editor

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Russell A. Stamets
Contributing Editor

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Richard Bistrong
Contributing Editor

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Eric Carlson
Contributing Editor

The Long, Strong Arm of the FCPA

Richard L. Cassin August 27, 2007

Its jurisdictional reach is legendary, but understanding exactly why the FCPA’s coverage stretches so far and wide is not always easy. One explanation comes from the United States Attorneys’ Manual, in this clear and sometimes ominous exposition:

Under the FCPA, U.S.

… Continue Reading

Textron’s FCPA Violations Caused by Fifth Tier French Subsidiaries

Richard L. Cassin August 24, 2007

Textron Inc., without admitting or denying books and records and internal controls allegations, consented to the entry of a final judgment with the SEC permanently enjoining it from future violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934, ordering it to disgorge $2,284,579 in profits, plus $450,461.68 in pre-judgment interest, and to pay a civil penalty of $800,000.… Continue Reading

There Are Moral Problems . . .

Richard L. Cassin August 23, 2007

“There are moral problems as well as legal problems that go far beyond simply the question of illegal payoffs to foreign officials.

“There are questions concerning the role of multi­national corporations, the extent to which they have obligations to the countries in which they conduct their business, the extent to which they should seek to raise the standards of conduct there, the respect which they should show the laws of other countries.… Continue Reading

FCPA Compliance For Small Companies

Richard L. Cassin August 20, 2007

“Small Organizations.—In meeting the requirements [for an effective compliance program under the U.S. Sentencing Guidelines], small organizations shall demonstrate the same degree of commitment to ethical conduct and compliance with the law as large organizations.… Continue Reading

An Effective FCPA Compliance Program Might Save the Company (A Great Defense Team Might Not)

Richard L. Cassin August 19, 2007

“An Overview of the Organizational Guidelines” from the United States Sentencing Commission’s May 2004 release includes the following jaw-dropping statement:

Criminal liability can attach to an organization whenever an employee of the organization commits an act within the apparent scope of his or her employment, even if the employee acted directly contrary to company policy and instructions.

… Continue Reading

Panalpina’s Practices Fall Under the FCPA Spotlight

Richard L. Cassin August 16, 2007

February 6, 2007 — The DOJ reports Vetco’s admission that payments to Nigerian Customs Officials violated the FCPA. The DOJ says, “These corrupt payments were paid through a major international freight forwarding and customs clearance company to employees of the Nigerian Customs Service, and coordinated largely through Vetco Gray Controls Inc.’s… Continue Reading

A Few Words About US . . .

Richard L. Cassin August 15, 2007


Keeping Tabs on the FCPA

SINGAPORE–LAWFUEL – The Law Newswire – August 14, 2007 – Lawyers, business people, academics and others have a new way to follow developments in the Foreign Corrupt Practices Act.… Continue Reading

Hospitality, FCPA Style

Richard L. Cassin August 15, 2007

The FCPA’s promotional expenses affirmative defense is used as a basis to pay for overseas trips by foreign officials. It allows payment or reimbursement of expenses that are directly related to “the promotion, demonstration, or explanation of products or services.”… Continue Reading

The Facilitating Payments Exception is a Narrow Gate

Richard L. Cassin August 13, 2007

There are strict requirements for Facilitating Payments — the one exception written into the FCPA. Among other things, the payment must be for “routine governmental action . . . which is ordinarily and commonly performed by a foreign official.”… Continue Reading

Does ABB Have an Effective Compliance Program?

Richard L. Cassin August 12, 2007

Zurich, Switzerland-based engineering giant ABB Ltd’s Q2 earnings release contained the following item:

On July 13, 2007, ABB disclosed to the U.S. Department of Justice and the U.S. Securities and Exchange Commission suspect payments made by employees of company subsidiaries in Asia, South America and Europe, in particular Italy.

… Continue Reading

Question: Why Do Bribes to Reduce Foreign Taxes Violate the FCPA?

Richard L. Cassin August 10, 2007

The answer, from the United States Court of Appeals for the Fifth Circuit, is this:

[T]he concern of Congress with the immorality, inefficiency, and unethical character of bribery presumably does not vanish simply because the tainted payments are intended to secure a favorable decision less significant than winning a contract bid.

… Continue Reading