Posts Tagged: Legislative History
In this series’ previous installment, I argued that our doctrine of holding acquiring companies criminally liable for pre-acquisition conduct was deterring investment in developing countries. But is that really so bad?… Continue Reading
A prominent NGO in Nigeria recently asked the SEC’s Enforcement Division to establish a process enabling foreign government entities victimized by FCPA violations, on a case-by-case basis, to apply for some or all of the civil penalties and disgorgement proceeds companies agree to pay to settle SEC investigations.… Continue Reading
In last week’s post in this series we explained that the core purpose of the FCPA is to encourage, or require, ethical international business. Indeed, we suggested that the criterion by which FCPA reform proposals should be measured is what we might call the ethical business criterion: if a proposed reform would increase the volume of ethical business in the world, it is good; if it would do the opposite, either by relaxing ethical standards or by deterring business, it is not.… Continue Reading
The leader of the Dutch government has refused to open a new investigation into the role played by Prince Bernhard in the Lockheed scandal that broke in 1976.
The head of the left-wing liberal D66 party, Alexander Pechtold, asked for ‘a commission of historians .… Continue Reading
Serendipity is a wonderful thing. What better segue from my last posting than Wednesday’s announcement that Russia has signed the OECD Anti-Bribery Convention. This is a remarkable and important event. I hope we fully understand why.… Continue Reading
To understand where the FCPA should go from here, we need to understand where, and how, it began.
We generally think of the FCPA as a response to Watergate, and therefore designed to prevent corporations from participating in public corruption.… Continue Reading
Former federal judge Stanley Sporkin (left) is one of my heroes. Yes, I am biased. As an Assistant U.S. Attorney at the Justice Department in Washington, D.C., I tried several cases before him, and in private practice, I have collaborated with him on many projects.… Continue Reading