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
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
At least 90 percent of all federal criminal defendants plead guilty to reduced charges that carry a lighter sentence, and that holds true for individuals facing FCPA-related charges.… Continue Reading
The FCPA Blog posed this question to the DOJ and FBI’s public affairs’ offices Wednesday: Has the FCPA Unit at the FBI been disbanded? In response, Christopher Allen in the FBI’s Public Affairs Office said: “The FBI’s investigations are managed through the International Corruption Unit, and that unit is absolutely not being disbanded.”… Continue Reading
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
There was just one corporate enforcement action during the second quarter of the year. During the same period last year, there were five, and two in 2010.
But the Morgan Stanley declination made big news during the second quarter.… Continue Reading
On the occasion of Roger Clemens’ acquittal Monday for perjury, Nathan Vardi of Forbes catalogued failed white collar prosecutions he said evidenced the DOJ’s abuse of ‘prosecutorial discretion’ and lack of ‘good judgment.’… Continue Reading
The government’s primary witness against former ABB manager John O’Shea won’t serve any more jail time for conspiracy to violate the FCPA.
Last week, Judge Lynn Hughes ordered Fernando Basurto Jr.’s… Continue Reading
Even for defendants who are ultimately acquitted, federal criminal prosecutions leave behind a scorched earth of ruined reputations, shattered health, broken families, and drained bank accounts.
With that in mind, Professor Mike Koehler, left, published a paper in this week’s Bloomberg Criminal Law Reporter that talks about the DOJ’s string of losses in recent FCPA trials.… Continue Reading
The DOJ’s once invincible FCPA unit isn’t just losing high profile prosecutions. It’s getting clobbered. And a common theme in the setbacks is a lack of professionalism and preparation.
Del Quentin Wilber of the Washington Post said earlier this month that FBI agents and Richard Bistrong, the chief witness for the prosecution in the Africa sting case, ‘joked about sex, booty calls, prostitutes, cigars, the Village People, the informant’s wives and an agent’s girlfriend.… Continue Reading
The DOJ on Thursday filed a motion to dismiss the remaining counts against John O’Shea.
Last month, Judge Lynn Hughes dismissed all substantive FCPA charges O’Shea faced. Judge Hughes said the prosecution’s chief witness knew almost nothing about the case.… Continue Reading
The DOJ ramped up FCPA enforcement over the past five years. But could its aggressive pursuit of prosecutions be hurting attempts to deter corruption? It’s possible.
One criminology theory particularly applicable to white collar crime is neutralization.… Continue Reading
Two Africa sting defendants were acquitted today in federal court in Washington, D.C.
The jury found R. Patrick Caldwell and John Gregory Godsey not guilty of violating the Foreign Corrupt Practices Act.… Continue Reading
Here’s what Judge Lynn Hughes, left, said when he ruled in favor of John O’Shea’s motion to dismiss the substantive FCPA counts against him.
Charles Duross was there for the DOJ and Joel Androphy for O’Shea.… Continue Reading
