Posts Tagged: Knowledge
“It may seem old fashioned,” said Handzlik, a partner in Venable LLP, “but liability under the FCPA still requires that the acts charged be accompanied by a specific, corrupt intent.… Continue Reading
The Second Circuit Court of Appeals recently released its long-awaited opinion in the appeal of hand-bag mogul turned FCPA defendant Frederic Bourke.
Bourke advanced a number of issues on appeal, but from an FCPA perspective none were as interesting as his contention that the trial court erred in giving a “conscious avoidance” instruction to the jury.… Continue Reading
Frederic Bourke’s conviction on an FCPA conspiracy was upheld by the Second Circuit Court of Appeals.
Bourke was found guilty by a federal jury in Manhattan in July 2009 of investing in an oil privatization scheme in Azerbaijan despite knowing officials there would be bribed.… Continue Reading
Last week on Corruption, Crime & Compllance, I wrote that the increase in FCPA enforcement has led to ‘mass hysteria,’ whipped up by lawyers and others.
But there’s a shortage of practical solutions, especially when it comes to gifts, meals and entertainment expenses.… Continue Reading
By David Elesinmogun, Obumneme Egwuatu, & Marcus R. Cohen
To the untrained eye, they often appear as scrubby derelict vagabonds, haunting the steps of administrative offices throughout the developing world. Yet, this unassuming guise belies their predatory importance as quasi-official intermediaries – serving as both roadblocks and essential intercessors.… Continue Reading
But for our money, his post yesterday, Liability Without Culpability: A Deeply Troublesome Trend, was one of his best shots ever.… Continue Reading
Does a defendant need to know a bribe taker is a ‘foreign official’ to be guilty of an FCPA offense?
According to the DOJ, the answer is ‘yes.’
The question came up this month in U.S.… Continue Reading
A powerful, detailed rebuttal to the U.S. Chamber of Commerce’s proposals to amend the U.S. FCPA launched this month. Professorial powerhouses David Kennedy (Harvard Law School) and Dan Danielsen (Northeastern School of Law) issued their 84 page analysis, Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act.… Continue Reading
Can a corporation be criminally responsible under the FCPA’s anti-bribery provisions for payments it doesn’t know about? It sounds strange but the question comes up in a common scenario.
An employee pays bribes out of his or her own pocket to get more business for the company.… Continue Reading