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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

Posts Tagged: Knowledge

Bourke Denied New Trial

Frederic Bourke’s attempt to overturn his conviction and obtain a new trial has failed. He was found guilty in July of conspiring to violate the Foreign Corrupt Practices Act under 18 U.S.C.… Continue Reading

We Get It

Lawyers are trained to quibble and criminal defense lawyers do it best. After all, their job is to create reasonable doubt. So it’s no surprise that when talking about the Foreign Corrupt Practices Act, they say it’s complicated, technically challenging and obscure, poorly drafted and badly organized.… Continue Reading

FCPA Liability Keeps Growing

In late July, the SEC filed a settled enforcement action against Nature’s Sunshine Products Inc. (NSP), its CEO Douglas Faggioli and its former CFO Craig D. Huff. The charges involved bribes by NSP’s Brazilian subsidiary to customs officials and false accounting to conceal the payments.… Continue Reading

Back To Bourke

We talked earlier about the “knowledge” element of an FCPA offense and the two kinds of “knowledge” the government can prove: What the defendant actually knows and what he or she should know under the circumstances.… Continue Reading

Understanding the KBR, Halliburton Charges

With the Halliburton / KBR settlement in mind, we asked readers last week (here) to help us understand how decisions are made to charge companies or individuals under the Foreign Corrupt Practices Act with violations of the antibribery provisions — criminally or civilly.… Continue Reading

Waters So Deep

There are things we know we don’t know, said the former boss at the Pentagon. But then again, he added, there are things we don’t know we don’t know. That distinction came to mind as we read the latest email from a correspondent who always holds us to a high standard.… Continue Reading

Case Closed For Kay And Murphy

The U.S. Supreme Court will not review the Fifth Circuit’s decisions in U.S. v. Kay, the Justices said yesterday. The Foreign Corrupt Practices Act convictions of David Kay and Douglas Murphy cannot be further appealed and the two must now serve their prison sentences — 37 months for Kay and 63 months for Murphy.… Continue Reading

Why We Cheat

People who’ve violated the Foreign Corrupt Practices Act fall into two categories: those who had criminal intent from the start, and those who stumbled into the offense. It’s the second group — the regular folks who’ve done a bad thing — who are so tragic.… Continue Reading

A Question Of Knowledge

The mailbag this week brought the following question from KER:

The FCPA prohibits payments to a third party while “knowing” that all or a portion of the payment will go directly or indirectly to a foreign official.

Continue Reading

Cases We’ll Never Report

Not all Foreign Corrupt Practices Act violations make the news. Here are three reasons why:

Reason #1. Ignorance. Some companies don’t discover their own FCPA problems. It sounds improbable, but it happens.… Continue Reading

More Than Normally Careful

Due diligence is a common subject, so it’s natural to think of it as an easy subject as well. But it’s not. There’s no black-letter law anywhere describing due diligence, or what type is needed for an effective compliance program under the Foreign Corrupt Practices Act, or how much should be done.… Continue Reading