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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

Special report: Has the FBI disbanded its FCPA Unit?

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

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

Enforcement Report For Q2 ’12

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

Basurto Sentenced To ‘Time Served’

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

The Punishment Of Prosecutions

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

‘Foolish And Unprofessional’ Behavior Infected FCPA Prosecutions

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

Has More FCPA Enforcement Brought Less Deterrence?

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