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Editors

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

Posts Tagged: Enforcement Policy

Good-faith defense: A trump card for compliance officers

Preston Tull Eldridge of the Arkansas Law Review argued in a recent article that FCPA enforcement practices are “a lose-lose situation for corporate compliance programs.”

The problem, he said, is that deferred- and non-prosecution agreements, however useful they may be, coupled with respondeat superior, increase prosecutors’ leverage over corporations.… Continue Reading

Is the FCPA a testosterone thing?

As the New Year kicks into full swing, I decided to take a retrospective look at the last several years of individual FCPA enforcement actions. Looking through on a year-to-year basis, a not entirely surprising trend began to emerge: the number of men prosecuted by the Department of Justice for violations of the FCPA outnumbered women.… Continue Reading

The ‘Genre of Blogs’

Introspection is rare in this quadrant. On the other hand, we’re as susceptible to flattery as the next blog. So these two notes, sent within a couple hours of each other, had us walking on air.… Continue Reading

China’s changing view of bribe givers

It has been typical under PRC law for bribe takers to be punished more severely than bribe givers. The policy was to punish extortion and incentivize cooperation with government investigations. But as recent investigations into the sales practices of big pharmaceutical companies have shown, this policy may be changing.Continue Reading

SEC’s New Admission Policy: What it Means for FCPA Cases

In 2012, the SEC announced that it would no longer enter into “neither admit nor deny” settlements with companies or individuals who had admitted relevant facts in parallel DOJ dispositions. Since then, the SEC has made good on that promise by requiring such factual admissions in resolving FCPA cases, but only to the extent covered by the DOJ pleadings — implicitly leaving other allegations under the usual neither admit nor deny approach.… Continue Reading

U.S. thinks graft is bad, sometimes

America’s security apparatus has mixed views on corruption. While program officers at USAID and the State Department Bureau of Narcotics and Law Enforcement sponsor programs abroad to fight corruption, Cabinet officials and parts of the Pentagon and intelligence community often turn a blind eye, supporting “their” corrupt politicians, or funding programs in such a way that the procurement process itself leads to corruption.… Continue Reading