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
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
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
The title of this post and the illustration may be a bit of seasonal hype. But really, who isn’t dying for a technical explanation of the difference between conspiracy and aiding and abetting?… Continue Reading
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
Our readers aren’t shy, which is nice. When something’s on their mind, we hear about it (usually more than once). Like this question:
Aren’t you exaggerating the impact of respondeat superior on FCPA enforcement?… Continue Reading
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
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
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
The mailbag this week brought the following question from KER:
… Continue ReadingThe 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.
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
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