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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/El Paso Corporation

Oscar Wyatt, Founder Of Coastal Corporation, Pleads Guilty To Iraq Bribes

[…] faces 18 to 24 months in prison under a plea agreement and will forfeit $11 million. He founded and ran Coastal Corporation, which he sold to El Paso Corporation in 2001.
In February this year, El Paso settled violations of the U.S. Foreign Corrupt Practices Act related to illegal surcharges it paid to Iraqi officials […]

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Putting Compliance Programs To The Test

[…] consider the promptness of any disclosure of wrongdoing to the government and the corporation’s cooperation in the government’s investigation.
In evaluating compliance programs, prosecutors may consider whether the corporation has established corporate governance mechanisms that can effectively detect and prevent misconduct. For example, do the corporation’s directors exercise independent review over proposed corporate actions rather […]

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Gold dust for compliance officers

[…] “paper program” or whether it was designed, implemented, reviewed, and revised, as appropriate, in an effective manner. In addition, prosecutors should determine whether the corporation has provided for a staff sufficient to audit, document, analyze, and utilize the results of the corporation’s compliance efforts. Prosecutors also should determine whether […]

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SNC-Lavalin Blowback: Reconsidering corporate criminal liability

[…] Canada and the UK attribute criminal responsibility to corporations for the misdeeds of individuals working for the corporations. In short, the corporate identification doctrine provides that a corporation may be convicted of a criminal offense, but only when its wrongful acts or intentions are directly attributable to, or the result of the actions of, […]

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FCPA defendants need an ‘adequate procedures’ defense, too

[…] of an anti-bribery investigation — only one of which considers the existence and effectiveness of the corporation’s pre-existing compliance program.
Significantly, this means that under the FCPA, a corporation can still be held criminally and civilly liable for actions by an unknown employee even if it has implemented a comprehensive compliance program — and perhaps […]

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Justice For Corporate Defendants?

[…] superior sounds oppressive and unbalanced, that’s because it is. It becomes irrelevant to a corporation’s defense that the wrongdoer isn’t a high managerial official, that the corporation specifically instructed the employee not to engage in the proscribed conduct, or that the statute in question (such as the FCPA) requires willful or knowing violations. […]

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AGCO Resolves Iraq Bribe Charges

Agricultural equipment-maker AGCO Corporation will pay nearly $20 million in criminal and civil penalties to resolve charges related to kickbacks it paid under the U.N. oil for food program. Under its plea deal with the Justice Department, the Duluth, Ga.-based firm will pay a criminal penalty of $1.6 million and enter into a three-year […]

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Grynberg v. BP et al

[…] Eastern Europe, and the future Caspian Sea republics, including and especially Kazakhstan. . . .
James H. Giffen (“Giffen”) was the principal and CEO of Mercator Corporation (“Mercator”), a New York corporation owned by Mr. Giffen, who had been advising the Republic of Kazakhstan throughout the 1990’s and early 2000’s in connection with […]

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News Corp execs face U.K. bribery charges

News Corporation Chairman Rupert MurdochThe U.K.’s Crown Prosecution Service said Tuesday that former News Corporation bosses Andy Coulson and Rebekah Brooks will be charged with bribing public […]

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FCPA enforcement report for Q2 2018

[…] settling companies paid a total of $985 million for the resolutions.
SocGen’s $585 million settlement grabbed a spot on our list of the biggest FCPA cases.
Panasonic Corporation and an aviation subsidiary also had a mega-settlement during the quarter, paying the DOJ and SEC $280 million to resolve FCPA offenses.
During the second […]

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