Let’s recap. In my first post, I examined a limited set of circumstances where I believe it is reasonable under the FCPA to pay per diems to foreign officials.
In my second post, I looked at the enforcement agencies’ take on per diems by analyzing the FCPA Resource Guide as well as the Opinion Procedure Releases where the DOJ found it appropriate to make cash payments to foreign officials.… Continue Reading
I’ve talked about a plan by Kazakhstan’s president to revive the country’s struggling economy by privatizing about 7,000 state-owned companies and listing at least some of them on unspecified stock exchanges.… Continue Reading
A new phase has begun in the maturation of China as an economic superpower, an era that President Xi Jinping has taken to calling “the new normal.”… Continue Reading
This post continues from Part One: Vicarious Liability. There are several types of foreign officials that interact with a franchise’s broad array of potential agents abroad, which generates anti-corruption risks.… Continue Reading
The current list of the ten biggest FCPA cases includes only two U.S.-based companies — KBR at number three and Alcoa at number six. The rest are non-U.S. companies.
Monday’s $772 million DOJ enforcement action against Alstom SA and several subsidiaries landed second on our list of the top ten FCPA cases of all time.
The addition of Paris-based Alstom means three of the top ten FCPA cases now involve French companies.… 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