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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: FCPA

Here’s how to prosecute foreign bribe takers

While it is impossible to know who initiates most bribe situations, the giver or the receiver, one thing is clear: no bribe can take place without both. It is for this reason that international conventions such as the OECD Anti-Bribery Convention and the UN Convention Against Corruption encourage state parties to address both sides of bribery in their national legislation. … Continue Reading

Foreign issuers beware: the FCPA’s accounting provisions aren’t limited to bribery

The SEC reminded foreign issuers on December 10 that accounting misdeeds not only constitute securities fraud, they can violate the Foreign Corrupt Practices Act. 

In an enforcement action that did not involve bribery of any kind, the SEC charged Agria Corporation, a Cayman Islands company headquartered in Hong Kong, with securities fraud for failure to properly value gains and losses in a transaction with an affiliated company in mainland China.… Continue Reading

Five years ago, I was walking out of prison

Whenever I hear about an FCPA sentencing that involves time in federal prison, I think of the day in July 2012 when I faced the judge and learned my fate.

I recall so clearly the anxiety of standing before Judge Richard Leon in DC, knowing that before I left the courtroom a sentence would be pronounced which would have life changing consequences. … Continue Reading

Are U.S. colleges and universities complying with the FCPA?

Many initial discussions of the FCPA with the leadership of U.S. colleges and universities (Schools) begin with something like the following:

  1. we would never engage in corruption such as bribery
  2. we are not-for-profit and do not need to consider unethical activity
  3. we are not that international, other than having a few foreign students, and
  4. we are among the most heavily regulated and scrutinized activities and do not need more policies and procedures.
Continue Reading

SEC staff recommends FCPA enforcement against Cobalt

Image courtesy of Cobalt International EnergyCobalt International Energy Inc. said Tuesday it received a “Wells Notice” in connection with the SEC’s investigation of its operations in Angola and potential liabilities under the Foreign Corrupt Practices Act.… Continue Reading

UK authorizes SFO to prosecute Alstom and execs

The UK’s Serious Fraud Office (SFO) is pursuing its investigation of alleged corruption at Paris-based Alstom now that the Attorney General has given the agency permission to prosecute the company and former employees for alleged overseas bribery, if deemed appropriate.… Continue Reading

SEC asks Quanta Services to preserve FCPA-related documents

The Securities and Exchange Commission asked Quanta Services Inc. to preserve documents tied to its Foreign Corrupt Practices Act compliance program, the company said in a securities filing Thursday.

Houston-based Quanta Services provides engineering, procurement and construction services for infrastructure.… Continue Reading

Walmart’s half-billion-dollar FCPA spend

Walmart Inc. said it has spent $439 million in legal fees and other costs associated with investigations of alleged FCPA violations and revamping its global compliance protocol.

The retailer’s fiscal 2014 Global Compliance Program Report was released in April in the wake of allegations of bribery and corruption associated with expansion efforts in Mexico, India, Brazil and China.… Continue Reading