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
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
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
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
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
On January 10, 2008, the United States Court of Appeals for the Fifth Circuit denied a petition for rehearing en banc from David Kay and Douglas Murphy. Kay and Murphy, executives of American Rice, Inc.,… 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
They Paid Bribes to Reduce Taxes in Haiti; The FCPA Gave Them Fair Warning, the Court says
The United States Court of Appeals for the Fifth Circuit affirmed on October 24, 2007 the criminal convictions of David Kay and Douglas Murphy for violating the antibribery provisions of the U.S.… Continue Reading
… Continue Reading[T]he concern of Congress with the immorality, inefficiency, and unethical character of bribery presumably does not vanish simply because the tainted payments are intended to secure a favorable decision less significant than winning a contract bid.
