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
Only time will tell if Congress sticks with the old adage, “If it ain’t broke, don’t fix it,” or trades it in for a new one: “If it ain’t broke, don’t enforce it…then fix it.”… Continue Reading
A powerful, detailed rebuttal to the U.S. Chamber of Commerce’s proposals to amend the U.S. FCPA launched this month. Professorial powerhouses David Kennedy (Harvard Law School) and Dan Danielsen (Northeastern School of Law) issued their 84 page analysis, Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act.… Continue Reading
The four Africa sting defendants who ended up in a mistrial are asking the judge to acquit them on the FCPA conspiracy count.
Andrew Bigelow, Pankesh Patel, John Benson Wier III, and Lee Allen Tolleson argued that the evidence against them was “insufficient to sustain a conviction as to the charged FCPA conspiracy.”… Continue Reading
News has come of the first prosecution under the U.K. Bribery Act. We might have expected something involving millions of pounds, international middlemen, front companies, and exotic locations. Well, not quite, at least not yet.… Continue Reading
Last week, John O’Shea asked a federal court in Houston to dismiss the FCPA case against him. He said the government didn’t indict him within the statute of limitations period.
For FCPA offenses, the deadline to indict a defendant is normally five years from when the offense occurred.… Continue Reading
Attorney Harvey Silverglate had a thoughtful article in Forbes this month. His topic was the erosion of mens rea — the requirement in the U.S. that a person must intend to commit a crime to be guilty.… Continue Reading
News Corp chairman Rupert Murdoch. Photo from Wiki CommonsIn an earlier post, we said the DOJ isn’t likely to jump into the News Corp scandal to investigate alleged bribes the company and its people may have paid to London police officials for access to information.… Continue Reading
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
Here’s some simple wisdom that applies to a congressman with an overactive camera thing, or to anyone thinking up convoluted ways to bribe foreign officials.
It’s from John Harris and Erika Lovley of Politico:
“It was Weiner’s misfortune to be something of an innovator in the realm of sexual scandal.… Continue Reading
What do we think of the recent ‘foreign official’ rulings in the Carson and Lindsey cases?
In 2009, in a post called We Get It, we said lawyers are trained to quibble and criminal defense lawyers do it best.… Continue Reading
Should anyone be surprised by the guilty verdicts handed down Tuesday in the Lindsey case?
Not at all. History, and the odds, are always against FCPA defendants.
Others who’ve learned that in recent years include Gerald Green and his wife Patricia, Frederic Bourke, William Jefferson, David Kay, Douglas Murphy, and David Mead — all convicted by juries in FCPA cases. … Continue Reading
A thoughtful comment came in from a reader about our post In Lindsey Trial, FBI’s handling of grand jury questioned.
The reader said:
… Continue ReadingPutting aside arguments that CFE may not be the type of entity the FCPA was designed to cover, it would be helpful for the FCPA Blog to provide commentary on the relevance of the points raised during cross-examination.
