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
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.
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
Joel Androphy, left, is the lawyer who led John O’Shea’s defense team to a stunning win.