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
More than a month ago — practically forever in the time-warped blogosphere — we mentioned that a reader had shared with us a soon-to-be published paper about facilitating payments. Well, the paper is now available.… Continue Reading
Nothing has increased the impact of the Foreign Corrupt Practices Act on corporations more than respondeat superior. That’s the legal doctrine by which companies are vicariously liable for crimes committed by employees acting within the scope of their employment–that is, within their actual or apparent authority and on behalf of the corporation.… Continue Reading
With $4-a-gallon gas, disappearing honey bees and a world-wide hops shortage, there’s hardly time to worry about anything else. Like why bribe-taking foreign officials are never prosecuted under the Foreign Corrupt Practices Act.… Continue Reading
Does it ever pay to stonewall the Department of Justice in an FCPA investigation? We’re asking because of an item that ran in the May 21st edition of the U.K. Times Online (available here).… Continue Reading
Due diligence is a common subject, so it’s natural to think of it as an easy subject as well. But it’s not. There’s no black-letter law anywhere describing due diligence, or what type is needed for an effective compliance program under the Foreign Corrupt Practices Act, or how much should be done.… Continue Reading
Can an employee be charged with a criminal violation of the Foreign Corrupt Practices Act even if his or her company isn’t convicted of an FCPA offense? Yes. An employee can be prosecuted under the FCPA even if the employer hasn’t been convicted.… Continue Reading
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
Two weeks from now, in a Los Angeles federal district court, the husband-and-wife Hollywood movie producers charged with violating the U.S. Foreign Corrupt Practices Act will go on trial. Gerald and Patricia Green were arrested last December and are out on bail.… Continue Reading
David Kay and Douglas Murphy bet their freedom on a high-risk and untested FCPA defense. Kay, the former vice president of American Rice, Inc. (ARI), and Murphy, the former president, never denied bribing officials in Haiti to reduce the company’s tax burden.… Continue Reading
As defenses against the U.S. Foreign Corrupt Practices Act go, “I didn’t know” is among the most popular. I didn’t know it was against the law. I didn’t know our agent would give money to foreign officials.… Continue Reading
