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
Nowhere is the difference between Clean Hands and Constructive Engagement more evident than in the central plank of the reform agenda: the good faith compliance defense.
The question is not whether the enforcement agencies might, on occasion, reward companies for compliance — that happens now.… Continue Reading
In this series’ previous installment, I argued that our doctrine of holding acquiring companies criminally liable for pre-acquisition conduct was deterring investment in developing countries. But is that really so bad?… Continue Reading
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:
… Continue ReadingBoth Attorney General Eric Holder and SEC Enforcement Director Robert Khuzami defended their record, stating that not every mistake is a violation of law.
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
Joel Androphy, left, is the lawyer who led John O’Shea’s defense team to a stunning win.
On Monday, Judge Lynn Hughes tossed all twelve substantive FCPA counts against O’Shea (the judge’s order is below).… Continue Reading
The U.K. Serious Fraud Office issued a news release on Friday 13th January stating that it has reached a civil settlement with the shareholders of Mabey Engineering (Holdings) Ltd to pay over £130,000 it received in dividends from Mabey & Johnson Ltd, its wholly owned subsidiary.… Continue Reading
By T. Markus Funk and M. Bridget Minder
Simmering throughout 2011, the robust FCPA reform debate can now be divided into a number of distinct drafting and public policy battle fields.… Continue Reading
Last week on Corruption, Crime & Compllance, I wrote that the increase in FCPA enforcement has led to ‘mass hysteria,’ whipped up by lawyers and others.
But there’s a shortage of practical solutions, especially when it comes to gifts, meals and entertainment expenses.… Continue Reading
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
On October 11, Lorin L. Reisner (left), Deputy Director, Division of Enforcement of the Securities and Exchange Commission, gave the keynote address at the PLI Advanced Compliance and Ethics Workshop 2011 in New York City.… Continue Reading
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
On his D&O Diary, Kevin LaCroix always hits the ball straight and long.
But for our money, his post yesterday, Liability Without Culpability: A Deeply Troublesome Trend, was one of his best shots ever.… Continue Reading
