Skip to content

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

Limiting The Local Law Defense

The Opinion and Order in U.S. v. Kozeny issued October 21, 2008 mentioned in our post yesterday deals directly with the Foreign Corrupt Practices Act’s local law affirmative defense. That defense says a bribe paid to a foreign official is permitted if it was “lawful under the written laws and regulations of the foreign official’s” country.… Continue Reading

Looking Through The FCPA

Legal loopholes, the conventional wisdom goes, expand over time, until there’s more hole than donut. But is that true of the Foreign Corrupt Practices Act? Have its three Congressionally created loopholes — two affirmative defenses and one exception — gotten bigger over time?… Continue Reading

Calling All Pundits

The mailbag brings plenty of pleasant surprises — and this morning was no exception. We received the following message (changed slightly to protect identities)

Dear FCPA Blog,

As a member of the Law Review, I am required to write a student note.

Continue Reading

BAE To Reform Its Compliance — Later

In May this year, after the Department of Justice briefly held and searched BAE’s ceo and a director in separate U.S. airports, we asked if stonewalling the U.S. government in a Foreign Corrupt Practices Act investigation ever makes sense.… Continue Reading

A Gold Medal For Opinion Procedure Release 08-03

Foreign organizations in China have been vexed for years by the need to pay or reimburse Chinese journalists who attend local press events. The journalists can’t afford to travel on their own and their employers don’t reimburse them.… Continue Reading

Moscow Debates Reforms, Sort Of

The biggest public corruption story on the planet may be Russia — the entire country, where red tape and bribery are scaring away foreign investors and wearing down ordinary citizens. Reform can’t come soon enough, so we’re glad that President Dmitry Medvedev is at least talking about the problem.… Continue Reading

The Curious Case Of The Cautious Requestor

A typical reader of this blog will tell you that he or she is reasonably prudent when it comes to complying with the Foreign Corrupt Practices Act. But we’re all downright reckless compared with the sweet lady who stars in the most recent FCPA Opinion Procedure Release.… Continue Reading

Release 07-02, Where Are You?

We noticed a week ago that U.S. Department of Justice Opinion Procedure Release No.: 07-02 (September 11, 2007) is missing. It no longer appears on the DOJ’s website that indexes all FCPA Releases (here).… Continue Reading

Will The Local Law Defense Help BAE?

BAE Systems is being investigated by the U.S. Department of Justice for possible violations of the Foreign Corrupt Practices Act. It allegedly paid £1 billion to Saudi Prince Bandar in return for his helping BAE sell 72 Typhoon jet fighters to Saudi Arabia.… Continue Reading