Posts Tagged: Foreign Official
Last week, the DOJ and SEC issued their long-anticipated Resource Guide regarding the agencies’ FCPA enforcement. Over a year in the drafting, the 120-page Guide addresses, among other things, (1) the definition of a foreign official, (2) gifts and entertainment, and (3) the “hallmarks” of an effective corporate compliance program. … Continue Reading
Gifts, travel and entertainment, foreign officials, successor liability, and effective compliance programs.
They’re among the topics covered by the new 120-page joint DOJ and SEC guidance on the FCPA.
In the fact sheet accompanying the guidance, the DOJ summarized its position on those topics.… Continue Reading
The DOJ’s second Opinion Procedure Release this year approved a plan by 19 non-profit adoption agencies to bring foreign officials to the United States to meet the staff at the agencies and families who have already adopted kids from the officials’ country.… Continue Reading
Tyco International Ltd. agreed on Monday to pay criminal and civil penalties totaling more than $26 million to resolve Foreign Corrupt Practices Act violations.
The Switzerland-based maker of fire security products paid more than $13.6 million in criminal penalties to the DOJ, and $13 million in civil penalties to the SEC.… Continue Reading
The passing of Labor Day marks the advent of a new season. In my new home state of Virginia, the heat has softened and the riverside trees take on a faint yellow; for our friends in the Southern Hemisphere, perhaps the winter wanes and blossoms bud.… Continue Reading
The appeal by Carlos Rodriguez and Joel Esquenazi of their FCPA convictions is now with the 11th Circuit Court of Appeals.
As Mike Koehler noted in his post today (and in prior coverage), ‘this is a historic appeal, the first time in the FCPA’s history that “foreign official” will be squarely before an appellate court.’… Continue Reading
After it signed the OECD Anti-Bribery Convention, the U.S. in 1998 amended the FCPA through the International Anti-Bribery and Fair Competition Act. Among other things, the 1998 amendment widened the definition of “foreign official” to include any officer or employee of a public international organization or any person acting in an official capacity for, or on behalf of, any such public international organization.… Continue Reading
Previous posts have explored varying attitudes to the “facilitation payments” defense across the globe. Even those countries that have signed the OECD and U.N. conventions differ in their approaches.
Australia has adopted a facilitation payment defense, but this looks set to change.… Continue Reading
By late 2010, the campaign to weaken the FCPA looked like it might succeed.
During a hearing of the Senate Judiciary Committee in November that year, Senator Amy Klobuchar (D-MN) said she’d heard from company lawyers and executives who ‘can’t sleep at night’ because of uncertainty about FCPA enforcement.… Continue Reading