Affrmative Defense | The FCPA Blog

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Julie DiMauro
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Marc Alain Bohn
Contributing Editor

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Richard Bistrong
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Eric Carlson
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Posts Tagged: Affrmative Defense

Bill Steinman: How to handle mandated per diems with foreign government customers

Bill Steinman March 2, 2016

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

The University of Richmond Annual Corruption Issue, Part III: Toward Pre-Approved Compliance Programs?

Eric Postow and Andy Spalding December 10, 2014

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

SFO posts new guidance on self reporting

Richard L. Cassin October 10, 2012

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.’

And even if there’s no prosecution under the Bribery Act, the SFO reserves the right to bring an action under the Proceeds of Crime Act.… Continue Reading

If It Might Be Fun, It Must Be Illegal

Richard L. Cassin August 21, 2012

Prague to Perth is a long haul — more than 15 hours of flying time. Breaking up the trip with a layover in Hong Kong is common, and for some people, necessary.… Continue Reading

Solving The Problem of Gifts, Meals, and Entertainment Expenses

Michael Volkov November 9, 2011

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

Scholarship That Rocked The Boat

Richard L. Cassin September 28, 2011

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

Amend The FCPA Or Leave It Alone? Game On

Elizabeth K. Spahn September 21, 2011

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

Legislative Changes to the FCPA: What Can We Expect?

Guest Contributor January 27, 2011

Michael Volkov testifies before the Senate Judiciary Committee on FCPA EnforcementBy 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

Promotional Expenses: Corrupt But Reasonable?

Richard L. Cassin August 26, 2010

When Kyle Sheahen wrote in this space about how useless the FCPA’s two affirmative defenses are, he kicked up a storm, especially about promotional expenses. Some readers agreed and others didn’t (here and here).… Continue Reading

Defending The Defense

Guest Contributor August 19, 2010

By Thomas Fox

I want to thank Kyle Sheahen for his recent post and paper arguing that the promotional expenses defense under the FCPA is illusory. His work has stimulated a useful debate.… Continue Reading

The Law Ain’t Broke

Richard L. Cassin August 18, 2010

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

‘I’m Not Going To Disney Land’

Richard L. Cassin August 16, 2010

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