Most FCPA Blog readers know that the FCPA contains an affirmative defense under which companies may incur expenses, such as meals or travel costs, on behalf of foreign government officials, so long as those expenses are reasonable and bona fide, and directly related to either showing off the company’s wares or executing or performing under a foreign government contract. … Continue Reading
Posts Tagged: Affrmative Defense
The University of Richmond Annual Corruption Issue, Part III: Toward Pre-Approved Compliance Programs?
The University of Richmond’s Journal of Global Law & Business is proud to announce its annual Corruption Issue. In this series of posts, each co-authored by a UR law student and Professor Andy Spalding, we’ll introduce this year’s articles and invite submissions for next year’s issue.… Continue Reading
The U.K. Serious Fraud Office isn’t making any promises to self-reporting companies.
They might still be prosecuted — ‘each case turns on its own facts.’
Last week on Corruption, Crime & Compllance, I wrote that the increase in FCPA enforcement has led to ‘mass hysteria,’ whipped up by lawyers and others.
But there’s a shortage of practical solutions, especially when it comes to gifts, meals and entertainment expenses.… Continue Reading
A few years ago, after a dozen or so enterprising law students asked me what FCPA-related topics were ripe for research, I answered with a post on the FCPA Blog.
My suggestions included: (1) respondeat superior—the legal doctrine imputing to corporate employers the criminal acts of employees; (2) the sad state of the Department of Justice’s Opinion Procedure Releases; and (3) the confusing condition of the FCPA’s promotional-expenses affirmative defense.… Continue Reading
A powerful, detailed rebuttal to the U.S. Chamber of Commerce’s proposals to amend the U.S. FCPA launched this month. Professorial powerhouses David Kennedy (Harvard Law School) and Dan Danielsen (Northeastern School of Law) issued their 84 page analysis, Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act.… Continue Reading
By Michael Volkov
At the November 30, 2010 hearing before the Senate Judiciary Committee on FCPA Enforcement, Senators Klobuchar (D-MN) and Coons (D-DE) both indicated their intent to work on modifications to the Foreign Corrupt Practices Act to address some of the concerns raised by the business community.… Continue Reading
On Monday, Kyle Sheahen told us how useless the FCPA’s two affirmative defenses are. He suggested that Congress fix the local-law and promotional-expenses defenses.
But at least two readers, one from the private sector and another from the DOJ (apparently), dissented.… Continue Reading
There’s provocative new FCPA scholarship from Kyle Sheahen, left, UCLA Law ’10 and an incoming associate at the New York office of King & Spalding.
He told us about it in this note:
* * *
Dear FCPA Blog,
It’s no secret that FCPA defendants fare poorly at trial. … Continue Reading