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

Out-Of-Pocket Bribes

Can a corporation be criminally responsible under the FCPA’s anti-bribery provisions for payments it doesn’t know about? It sounds strange but the question comes up in a common scenario.

An employee pays bribes out of his or her own pocket to get more business for the company.… Continue Reading

FCPA Conspiracy Theories

Enforcement actions by the DOJ against companies and individuals are often resolved by the defendant pleading guilty to a conspiracy count. We had assumed the DOJ used conspiracy instead of substantive FCPA offenses solely to give cooperating defendants a break.… Continue Reading

Waters So Deep

There are things we know we don’t know, said the former boss at the Pentagon. But then again, he added, there are things we don’t know we don’t know. That distinction came to mind as we read the latest email from a correspondent who always holds us to a high standard.… Continue Reading

Foreign Affairs

Our singular focus over the past week moved our spouse to ask whether we also plan to redo the walls in Siemens Blue. We’re considering it. But what really comes to mind after the biggest FCPA enforcement action in history is that it involves not a U.S.… Continue Reading

Kay Day At The Court’s Conference

I have a question for anyone on the FCPA blog, a reader wrote ten days ago: Are there any known cases where an individual was prosecuted allegedly for bribing a foreign official where the “donor” did not ask for anything from the foreign official and where he received nothing?Continue Reading

A Question Of Knowledge

The mailbag this week brought the following question from KER:

The FCPA prohibits payments to a third party while “knowing” that all or a portion of the payment will go directly or indirectly to a foreign official.

Continue Reading

Putting Compliance Programs To The Test

How do you know if your company has an effective compliance program? The answer is crucial. If rogue employees violate the Foreign Corrupt Practices Act, having an effective compliance program becomes a factor in whether the company will face a criminal enforcement action and, if it does, whether it will be rewarded with reduced penalties.… Continue Reading

One Law,Two Parts

The question comes from Pune, India: Can a payment that is not a bribe – such as a facilitating payment – be the basis for a criminal violation of the U.S.… Continue Reading