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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
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

Bill Steinman
Contributing Editor

Intermediaries: Separating red flags from red herrings

In this era of heightened FCPA enforcement, it is easy to assume that a red flag signals the end of a relationship with a business intermediary. By my count, 11 of the last 17 FCPA enforcement actions involved bribes funneled to foreign officials through third parties.… Continue Reading

TechnipFMC pays SEC $5 million to settle FCPA violations

TechnipFMC plc paid the SEC $5 million Monday to settle FCPA offenses related to bribing Iraqi officials to win business with state-owned oil companies.

The London-headquartered oil and gas company disgorged $4.3 million plus pre-judgment interest of $735,000 to the SEC. 

In an internal administrative order (pdf), the SEC charged TechnipFMC with violating the FCPA’s books and records and internal accounting controls provisions.Continue Reading

Practice Alert: Key differences in UK Bribery Act guidance versus FCPA guidance

The U.S. Department of Justice recently published new guidance on how it will assess corporate compliance programs. The DOJ Guidance streamlines previous U.S. guidance and expands on key subjects; providing a greater insight into how the the DOJ will approach its evaluation of compliance programs when considering whether a prosecution or other resolution is appropriate.  

By comparison, the UK Bribery Act 2010 Guidance, which came out in 2011, contains six principles which “commercial organizations” undertaking part of their business in the UK must adhere to if they are to have a defense to a charge of failing to prevent bribery.… Continue Reading

Whistleblower protection protocols are now a key element of FCPA compliance

As whistleblower protection continues to grow as an important part of the compliance landscape worldwide, companies should be prepared for the inevitable increase in incidents requiring investigation. This includes allegations of corruption and bribery, which can present significant challenges when raised through internal whistleblower channels.… Continue Reading

UK ends graft investigations of GSK and individuals at Rolls-Royce

The UK Serious Fraud Office said Friday it has closed bribery investigations into UK-based GlaxoSmithKline PLC and individuals at subsidiaries of Rolls-Royce Holdings PLC.

SFO director Lisa Osofsky said in a statement there was “either insufficient evidence to provide a realistic prospect of conviction or it is not in the public interest to bring a prosecution in these cases.”

In a response filed with the London Stock Exchange, GSK said it was “pleased that the SFO have closed their investigation and concluded that no further action is required.”

In 2016, London-based GSK paid the U.S.… Continue Reading

Finding friendship after prison

Dick Cassin, left, and Richard Bistrong discuss the FCPA in NYC in 2016When I was released from prison in December 2013, one of my first digital activities was an on-line search of FCPA reporting in general and the Africa Sting case (where I was the DOJ cooperator) specifically.… Continue Reading