Among the weird facts about the FCPA is who can decide to launch a criminal investigation or bring an enforcement action, and which government lawyers along the way will do the heavy lifting.… Continue Reading
We’re based in the United States, so how does the GDPR concern us?
GDPR’s Article 3(1) ties the GDPR’s territorial scope to being established in the EU, while Article 3(2)(a) extends the GDPR’s reach to those non-EU companies that offer products or services to individuals in the EU.… Continue Reading
On August 24, the United States Court of Appeals for the Second Circuit ruled that a non-resident foreign national cannot be held criminally liable for aiding or abetting or conspiring to violate the Foreign Corrupt Practices Act, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.… Continue Reading
A federal appeals court ruled Friday that a non-resident foreign national cannot be charged with conspiracy to violate the Foreign Corrupt Practices Act or with aiding and abetting a violation of the FCPA, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.… Continue Reading
In the closely-watched criminal case against Chi Ping Patrick Ho pending in the Southern District of New York, the court last week rejected the defendant’s argument that an indictment cannot stack FCPA charges by alleging competing bases for jurisdiction.
Ho, the head of a Hong Kong-based NGO, was indicted (pdf) in November 2017 for allegedly offering $2 million to the president of Chad in order to facilitate oil rights for a Chinese energy company and $500,000 to the foreign minister of Uganda to secure a banking deal for the company. In April, he filed a motion to dismiss certain of the FCPA counts.… Continue Reading
The Special Investigative Commission of the National Assembly has released a report on the conditions surrounding foreign investments in French companies of strategic importance.
While the report discusses French industrial policy in the context of globalization more broadly, it also provides insight into how the French government may strengthen the Agence Française Anticorruption (AFA) and its ability to cooperate with foreign regulators on investigations involving corruption.… Continue Reading
In December 2016, France enacted an anti-corruption law known as Sapin II. The law was named after Michel Sapin, the then Minister of Finance, who said when presenting the bill: “In the fight against corruption, France cannot just satisfy itself with the existing situation.”
The shortcomings of pre-Sapin II French law were plain to see.… Continue Reading
The arguments for prosecuting grand corruption at the International Criminal Court as a crime against humanity are persuasive.
A recent scandal at a major Chinese public hospital revealed that many of the public hospitals across the country outsource their medical services to private companies and employ doctors as independent contractors. That could raise doubts about some public hospital doctors in China being “foreign officials” under the FCPA.… Continue Reading
Have you ever sat across from your joint venture partner in Indonesia. Romania or Taiwan trying to explain why the United States Federal Sentencing Guidelines make it so their employees should be provided with anti-bribery training?… Continue Reading
On March 16, the U.S. District Court for the District of Connecticut affirmed its earlier ruling that a non-resident foreign national cannot be charged with conspiracy to violate the Foreign Corrupt Practices Act or with aiding and abetting a violation of the FCPA, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.… Continue Reading
Last week the DOJ charged four bankers from Honduras in a multi-year scheme to launder drug money and bribe foreign officials through accounts located in the United States.… Continue Reading