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
[…] Congress recently passed the 2021 National Defense Authorization Act (NDAA), H.R. 6395. Buried over 1,000 pages into the bill is an amendment to the Securities Exchange Act of 1934. That amendment gives the Securities and Exchange Commission explicit statutory authority to seek disgorgement in federal district court. This grant of authority is significant, if […]
One of the world’s biggest gold miners said in a securities filing this week that the SEC won’t recommend an FCPA enforcement action against the company.
[…] the Foreign Corrupt Practices Act. Fortunately, a reader with time to ponder such things asked us that question after we reported last month (here) the FCPA-related sentencing of former World Bank employee, Ramendra Basu. Basu and his co-conspirator, Gautam Sengupta, another World Bank employee, pleaded guilty to helping a Swedish consultant make corrupt payments […]
[…] to help, and continued to make periodic reports to the DOJ and SEC. It wasn’t until 2010 that the DOJ and SEC started talking about a settlement of FCPA offenses. The talks, Tyco said last week, are ‘ongoing.’ The statute of limitations for FCPA violations is five years. That means formal prosecution must be […]
The DOJ and SEC published the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act Friday, updating for the first time the best government-produced FCPA guidance. The FCPA Resource Guide was originally published in November 2012 and hasn’t been updated until now. A lot of important FCPA-related enforcement actions and […]
The United States fights foreign kleptocrats through Proclamation 7750, by denying them and their families U.S. visas. And through Section 314(a) of the Patriot Act, which it can use to reach out to more than 25,000 financial institutions to find accounts and transactions of anyone who may be involved in laundering kleptocratic assets. But […]
Here’s a comment from Alexander Sierck, the lawyer for SERAP, about a different subject: ______________ Dear FCPA Blog, Your April 30 post about statute of limitations issues in the Wal-Mart case was a good one, particularly regarding conspiracy. Here’s another point. Under FCPA for the substantive crime of bribes or offers, the five-year […]
This year the SEC has already awarded $114 million to whistleblowers, nearly twice the amount than for all of 2019. Three awards in 2020 are among the ten biggest SEC payouts ever, including last week’s $50 million award to a former BNY Mellon currency trader. Would-be SEC whistleblowers and their lawyers should be tingling […]
The Bahamas News Online Edition (The Bahama Journal) reports today that the Supreme Court there has ruled against the extradition of Victor Kozeny (left). The ruling means Kozeny is no longer under arrest in the Bahamas, which had detained him at the request of the U.S. government. He was indicted in the United States […]
Newmont Mining Corporation said in an SEC filing Tuesday that the DOJ is closing its FCPA investigation of the company.
