It’s a scenario that FCPA practitioners see all too regularly. A due diligence report regarding an intermediary reveals that it’s organized not in its home jurisdiction, but in Cyprus. Or Guernsey.… Continue Reading
Hewlett-Packard’s $108 million settlement this week didn’t quite make our list of the top ten FCPA cases of all time. But with a disgorgement to the SEC of $26.4 million, H-P landed eleventh on the list of the biggest FCPA disgorgements.… Continue Reading
As part of its $354 million settlement this week, Alcoa agreed to pay the third biggest disgorgement in FCPA history — $161 million.
What is disgorgement? It’s a remedy, according to our contributing editor Marc Alain Bohn, authorized by the Securities Exchange Act of 1934 that’s ‘used to deprive wrong-doers of their ill-gotten gains and deter violations of federal securities law.’… Continue Reading
A U.S. federal judge Tuesday threw out a civil lawsuit filed Mexico’s state-owned oil company Pemex against Siemens AG and a South Korea’s SK Engineering that alleged bribes to Pemex officials.… Continue Reading
We saw in yesterday’s post that awarding restitution to the governments whose employees accepted (or solicited) the bribes doesn’t quite work.
But can’t we think of a workaround? Can we somehow bypass the government?… Continue Reading
I’ve argued in this series (see links to the prior posts below) and in this paper that FCPA enforcement should benefit the victims of bribery — namely, the citizens of the countries in which the bribery occurs.… Continue Reading
As reported by the FCPA Professor last week, Costa Rica’s Instituto Costarricense De Electricidad (ICE) filed a Petition for Writ of Certiorari in the U.S. Supreme Court in November.
In its Petition, ICE asks the following question, “Whether a crime victim who is denied rights conferred by the federal Crime Victims’ Rights Act has a right to directly appeal the denial of those rights?”… Continue Reading