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
The U.S. Supreme Court issued its highly anticipated opinion in Kokesh v. SEC Monday, unanimously holding that the SEC’s use of disgorgement operates as a penalty under federal law and is therefore not freed from the five-year statute of limitations.
How long is the statute of limitations for FCPA offenses?
In February, the Department of Justice unsealed an indictment against two former executives of the Indonesian subsidiary of Alstom S.A., Reza Moenaf and Eko Sulianto, and a former executive of Marubeni Corporation, Junji Kusunoki. Both companies pleaded guilty to foreign bribery charges in 2014 and racked up substantial penalties partly as a result of […]
Last week, John O’Shea asked a federal court in Houston to dismiss the FCPA case against him. He said the government didn’t indict him within the statute of limitations period.
Federal prosecutors in Texas learned recently that a request under a mutual legal assistance treaty, or MLAT, can toll a statute of limitations for only so long. The decision by Judge Kenneth M. Hoyt of the U.S. District Court in Houston came in a case stemming from a bribery scheme at a Venezuelan state-owned energy […]
Last month the United States Court of Appeals for the Eleventh Circuit held in SEC. v. Graham et al that the five-year statute of limitations in 28 USC §2462 applies to SEC claims for disgorgement or declaratory relief.
It Has Already Agreed to Toll the Statute of Limitations; Will Self-Reporting Lead to More Waivers of Legal Protections? Aon Corporation — the world’s biggest insurance broker — disclosed on November 8, 2007 an internal investigation of possible violations of the U.S. Foreign Corrupt Practices Act and non-U.S. anticorruption laws. AON said in its […]
In a key development of relevance to the FCPA bar, the U.S. Supreme Court Friday accepted cert in Kokesh v. SEC (16-529). The issue presented in the cert petition is: “Whether the five-year statute of limitations in 28 U.S.C. § 2462 applies to claims for ‘disgorgement.’”
[…] ago, and one case involved illegal conduct that started 14 years ago. Here are some reasons why there’s so much ancient history in FCPA cases: The statute of limitations for FCPA offenses. The DOJ has five years in which to formally commence criminal prosecutions under the FCPA’s anti-bribery provisions, and six years under the […]
Last week, in the case Gabelli v. SEC, the U.S. Supreme Court unanimously held that the Securities and Exchange Commission, when seeking a penalty or fine in connection with a civil enforcement action, must file the action within five years of the completion of the alleged fraud or wrongful conduct.
