Skip to content

Editors

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

Search Results for: label/Affrmative Defense

At Large: Is this why nobody talks about the FCPA extortion defense?

[…] affirmative defenses for local law and promotional expenses. And the facilitating payments exception is a rich vein for the FCPA commentariat. Why, then, is the FCPA extortion defense mostly ignored and neglected? Here are some reasons. Reason #1: The word “extortion” never appears in the FCPA. Search all 8,000 words of the FCPA and […]

Read More »

From Europe, the case for an FCPA good-faith defense

[…] been challenged before the American courts, perhaps most notably — although ultimately unsuccessfully — during the Ionia affair and its widely debated amicus brief. A good-faith compliance defense has been considered for some time as a potential counterweight to respondeat superior. The incentives for effective compliance programs if corporations accused of violating the FCPA […]

Read More »

How Wal-Mart Killed the Compliance Defense

In yesterday’s post, Andy Spalding said efforts to reform the FCPA by adding a compliance defense have emerged “unscathed” from the fallout over the New York Times report of Wal-Mart’s conduct in Mexico. I believe that the opposite is true; that the Wal-Mart scandal sounded the death knell for any efforts to amend the […]

Read More »

Israel arms exports will require KYC and sanctions checks

The agency in charge of granting licenses to defense exporters will start to require KYC, blacklist, and sanctions searches to applications for marketing and export licenses. This move is meant to strengthen control by Israeli authorities over marketing and export of military goods, which sometimes allegedly find their way into dubious hands.

Read More »

Red flag alert: When defense buys don’t make sense

The just released Transparency International Middle East & North Africa, Government Defense Anti-Corruption Index is exhaustive and thorough, and from my experience well represents the real-world risk which exists in the region.

Read More »

Compliance Alert: Another reason life is hard for defense contractors

[…] idiom in the book used to describe their rarity. A needle in a haystack. Scarce as hen’s teeth. Rare as a four-leaf clover.  To make matters worse, defense contractors face significant pressure to find suitable projects. Companies can face stiff financial penalties and even blacklisting if they fail to discharge their obligations on time. […]

Read More »