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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

Frederic Bourke’s Big Bet

While we’re watching the teletype (left) for news about William Jefferson’s sentencing Friday morning (see our post here), let’s talk about Mr. Bourke. He was sentenced Tuesday to a year and a day in jail and fined a million dollars for conspiring to violate the FCPA and lying to FBI agents.… Continue Reading

Keeping Courts Clean

Compliance programs don’t always (or even usually) cover how overseas counsel are hired, supervised and paid. But they should. A year ago, the Supreme Court denied cert in U.S. v. Kay, leaving in place the Justice Department’s expansive view of the FCPA’s business nexus element (the meaning of “assist in obtaining or retaining business”).… Continue Reading

No Hollywood Ending

An LA jury needed not days but hours to convict the husband-and-wife movie producers of violating the Foreign Corrupt Practices Act. They were also found guilty on related charges, including conspiracy, money laundering, and tax cheating.… Continue Reading

The Feds Should Take A Meeting

Husband-and-wife movie producers Gerald and Patricia Green are now on trial in LA for violating the Foreign Corrupt Practices Act. Prosecutors allege they paid more than $1.8 million in bribes to Juthamas Siriwan, a former governor of the Tourism Authority of Thailand, in return for $14 million in contracts to stage the Bangkok Film Festival.
Continue Reading

Case Closed For Kay And Murphy

The U.S. Supreme Court will not review the Fifth Circuit’s decisions in U.S. v. Kay, the Justices said yesterday. The Foreign Corrupt Practices Act convictions of David Kay and Douglas Murphy cannot be further appealed and the two must now serve their prison sentences — 37 months for Kay and 63 months for Murphy.… 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

The Supremes And The FCPA

Questions about ambiguity in the Foreign Corrupt Practices Act have been around since its inception. See, for example, our post Looking Again At U.S. v. Kay (November 7, 2007). The Supreme Court will answer those questions soon, either by granting review of Kay and deciding what “obtaining or retaining business” means, or by refusing to take the case and allowing the government to continue its “expansive enforcement” of the law.… Continue Reading

The Tally, Part 2

Following yesterday’s post, several readers suggested that we mention any other FCPA-related cases, appeals, sentencings and enforcement actions during the past year involving individuals. It’s a good idea, and our thanks go out to Marc and our other correspondents.… Continue Reading

May It Please The Court

We enjoy a good argument just as much as the next lawyer. Stare decisis, analogy, plain meaning, ambiguity — bring ’em on. Which is why it took us awhile — the better part of two decades, but who’s counting — to firmly grasp this simple idea: When it comes to the Foreign Corrupt Practices Act, forget the fancy lawyer stuff.… Continue Reading