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
Facing a decision to either stay in a joint venture or leave, when staying means violating the Foreign Corrupt Practices Act and leaving means breaching contractual obligations, is a legal disaster.… Continue Reading
Perhaps the biggest, although not yet the loudest, international corruption story involves Siemens AG, the German electronics and electrical engineering giant. Siemens says it has identified “a multitude of payments made in connection with [consulting agreements] for which we have not yet been able either to establish a valid business purpose or to clearly identify the recipient.… Continue Reading
One consistent measure of a compliance culture is executive responsibility. In the case of Enron’s CEO, Jeffrey Skilling, there was little evidence of that. True, he was obligated to comply with the Foreign Corrupt Practices Act.… Continue Reading
Strictly speaking, “materiality” should never be part of an FCPA discussion. A payment or promise to pay anything of value can violate the antibribery provisions, and the books and records provisions apply to any book, record or account.… Continue Reading
The FCPA Blog is grateful for your many expressions of support and encouragement. Your comments and suggestions are an important ingredient, so please let us hear from you, either in the comments section after a post or by email Here.… Continue Reading
A Reuters report from August 26, 2007 quotes Noble Corporation as saying it has been unable to obtain or renew permits for five of its seven drilling rigs operating in Nigeria due to the FCPA investigation of operations there.… Continue Reading
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:
… Continue ReadingUnder the FCPA, U.S.
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 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
The press is reporting that the Department of Justice on August 21, 2007 appealed the dismissal of FCPA charges against three men in connection with a bribery scheme in Azerbaijan.
On June 21, 2007, the U.S.… Continue Reading
“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 Overview of the Organizational Guidelines” from the United States Sentencing Commission’s May 2004 release includes the following jaw-dropping statement:
… Continue ReadingCriminal 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.
