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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/David Kay

U.S. v. Kay: Once More To The Courts

On January 10, 2008, the United States Court of Appeals for the Fifth Circuit denied a petition for rehearing en banc from David Kay and Douglas Murphy. Kay and Murphy, executives of American Rice, Inc., were indicted in 2002 for bribing Haitian officials in violation of the Foreign Corrupt Practices Act. The U.S. District […]

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Case Closed For Kay And Murphy

The U.S. Supreme Court will not review the Fifth Circuit’s decisions in U.S. v. Kay, the Justices said yesterday. The Foreign Corrupt Practices Act convictions of David Kay and Douglas Murphy cannot be further appealed and the two must now serve their prison sentences — 37 months for Kay and 63 months for Murphy. […]

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The Supremes And The FCPA

Questions about ambiguity in the Foreign Corrupt Practices Act have been around since its inception. See, for example, our post Looking Again At U.S. v. Kay (November 7, 2007). The Supreme Court will answer those questions soon, either by granting review of Kay and deciding what “obtaining or retaining business” means, or by refusing […]

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FCPA Convictions Upheld Against Kay And Murphy

[…] Gave Them Fair Warning, the Court says The United States Court of Appeals for the Fifth Circuit affirmed on October 24, 2007 the criminal convictions of David Kay and Douglas Murphy for violating the antibribery provisions of the U.S. Foreign Corrupt Practices Act (15 U.S.C. §§ 78dd-1, 78-dd-2). Kay was formerly vice president and […]

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Looking Again At U.S. v. Kay

David Kay and Douglas Murphy bet their freedom on a high-risk and untested FCPA defense. Kay, the former vice president of American Rice, Inc. (ARI), and Murphy, the former president, never denied bribing officials in Haiti to reduce the company’s tax burden. Their primary defense — after being charged with 12 counts of violating […]

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After Kay, Another Warning About Grease Payments

Responding to our post, Case Closed For Kay And Murphy, reader Jon May has asked a great question: Isn’t there a danger that the grease exception will lull businesses into the very conduct that is proscribed by Kay? Yes, there’s a danger of that happening, but it’s not new. Before Kay, the DOJ already […]

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Kay Day At The Court’s Conference

[…] and where he received nothing? Can there be a crime without criminal intent? We assume the question is sincere and not a send up related to the Kay case. The petition for cert in Kay is on the docket of the Justice’s opening conference today for the Supreme Court’s October 2008 term. Part of […]

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The Tally, Part 2

[…] Bolivia.” # # # On January 10, 2008, the United States Court of Appeals for the Fifth Circuit denied a petition for rehearing en banc from David Kay and Douglas Murphy. The former executives of American Rice, Inc., were indicted under the FCPA in 2002 for bribing Haitian officials. The U.S. District Court in […]

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What’s the most important FCPA case ever?

[…] a big sting to concoct a supposed industry-wide conspiracy was a bad idea. The judge didn’t buy it, and neither did a couple of juries. U.S. v. Kay. Its impact on FCPA enforcement is still profound. And the case stands as a warning to FCPA hairsplitters. In 2005, two former executives of American Rice, […]

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