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Posts Tagged: Defenses

‘Not Every Mistake Is A Criminal Act’

Lawrence Goldman’s posts on the White Collar Crime Prof Blog are uniformly smart and engaging.

What Goldman said last week about the over criminalization of business behavior brought to mind some recent FCPA prosecutions that ended with acquittals, mistrials, or dismissals:

Both Attorney General Eric Holder and SEC Enforcement Director Robert Khuzami defended their record, stating that not every mistake is a violation of law.

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Second Mistrial In Africa Sting Prosecution

Judge Richard Leon declared a mistrial today in the prosecution of the three remaining defendants in the second Africa sting trial.

After deliberating ten days, the jury failed to reach a verdict on any counts against siblings John and Jeana Mushriqui, and Marc Morales.… Continue Reading

Audit Analytics For Bribery Act Compliance

While the Foreign Corrupt Practices Act has been around for decades, the newly enacted U.K. Bribery Act (July 1, 2011) enforces even more far-reaching and stricter penalties. If you’re involved in audit, finance, legal, risk management or compliance in an organization doing any business in the U.K.,… Continue Reading

Why Benchmarking Matters

Jeff Kaplan makes many good points about best practices ― among them, that benchmarking FCPA and UK Bribery Act compliance is not only about operational excellence. The benchmarking has legal significance.… Continue Reading