News and commentary about white-collar crime, enforcement, and compliance
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
President Elect Trump’s pick to lead the SEC is Jay Clayton. He wrote in a 2011 NYC Bar Association paper about the FCPA. The paper addressed the “lasting harm to the competitiveness of U.S.… Continue Reading
The Institute for Legal Reform — part of the U.S. Chamber of Commerce — issued a paper last week with a harsh review of the Yates Memo, also known as the DOJ’s Individual Accountability Policy
The paper is called Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States.… Continue Reading
Recently one of the most unlikely sources for praise of the Foreign Corrupt Practices Act (FCPA) came out to inform us all that corporations are the cornerstone of FCPA compliance and enforcement.… Continue Reading
Miller & Chevalier’s Homer Moyer and James Tillen are among the speakers at an upcoming full-day conference called ‘The International Fight Against Corruption: Are the OECD and UN Conventions Achieving their Objectives?’… Continue Reading
As we saw in Part II, the government has come to think that the FCPA’s chief purpose is to “level the playing field.” And much criticism of modern enforcement, especially from the U.S.… Continue Reading
After waiting a polite three months following the release of the Government’s FCPA Guidance, the U.S. Chamber of Commerce has issued a new letter renewing its call for additional FCPA guidance. … Continue Reading
Just over a year after Assistant Attorney General Lanny A. Breuer first announced plans to issue “detailed new guidance on the [FCPA’s] criminal and civil enforcement provisions,” the Department of Justice (“DOJ”) and the U.S.… Continue Reading
Late this summer, press outlets reported on anonymous claims that the Department of Justice and Securities and Exchange Commission likely would be releasing their long awaited FCPA Guidance in advance of an annual OECD Working Group on Bribery meeting on October 10, 2012.… Continue Reading
In March the Nigerian human rights group SERAP (Socio-Economic Rights and Accountability Project) sent a letter to the SEC outlining one of the most altruistic FCPA amendments yet proposed. The letter urged the U.S.… Continue Reading
We spoke this week with Billy Jacobson, left, the former assistant chief for FCPA enforcement at the DOJ.
He thinks companies able to meet a five-part good-faith compliance test shouldn’t face FCPA charges.… Continue Reading
The former number two prosecutor in the DOJ’s FCPA unit said companies that can meet a simple five-part good-faith compliance test shouldn’t face FCPA charges.
Writing in Bloomberg’s Criminal Law Reporter on Friday, Billy Jacobson said there’s no need to amend the FCPA, as proposed by the U.S.… Continue Reading
Mike Koehler of the FCPA Professor talked to Reuters’ Brett Wolf this week about the DOJ’s promised FCPA guidance.
Don’t have high hopes for change, Koehler said.
Late last year, the DOJ’s Lanny Breuer announced his intention to release new FCPA guidance during 2012.… Continue Reading