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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: Legislative History

‘Foreign Official’ Challenge Fails Again

Judge James V. Selna yesterday denied the Carson defendants motion to dismiss ten FCPA-related counts in the indictment against them based on the definition of “foreign official” in the FCPA.

Stuart Carson, his wife Hong “Rose” Carson, Paul Cosgrove, and David Edmonds — all former executives of California-based Control Components Inc.Continue Reading

What Is An ‘Instrumentality Thereof’? Let’s Keep It Real

Former Judge Stanley Sporkin, the ‘father of the FCPA’By Michael Volkov

In the world of overseas bribery and the Foreign Corrupt Practices Act, we finally have an opportunity to resolve what many commentators suggest is an intractable issue — the definition of “instrumentality thereof” as used in the FCPA, and as applied to foreign state-owned-enterprises.… Continue Reading

‘Instrumentalities’ And The New World Order

In their motion to dismiss all counts of the complaint against them, the defendants in U.S. v. Carson argue that state-owned companies aren’t “instrumentalities” of a foreign government. So, they reason, the officers and employees of state-owned companies — the people they allegedly bribed — can’t be “foreign officials,” even if the entity in question is owned 100% by the foreign government.… Continue Reading

Let’s Keep Talking

On Tuesday, Assistant Attorney General Lanny Breuer, left, acknowledged the growing debate about the FCPA. Although he said the DOJ is listening, his message was loud and clear: When it comes to enforcement, damn the torpedoes, full speed ahead.… Continue Reading

News From The Neighborhood

Kevin LaCroix, left, who writes the D&O Diary, had a fascinating post last week about follow-on civil litigation brought by investors against companies that have been the target of an FCPA enforcement action.… Continue Reading

‘I’m Not Going To Disney Land’

There’s provocative new FCPA scholarship from Kyle Sheahen, left, UCLA Law ’10 and an incoming associate at the New York office of King & Spalding.

He told us about it in this note:

*     *     *

Dear FCPA Blog,

It’s no secret that FCPA defendants fare poorly at trial. … Continue Reading

Financial Reform School

Two parts of the Financial Reform Bill passed last week by the Senate and which the President has said he’ll sign concern us. The first is the whistleblower bounty for securities-law recoveries, including FCPA-related settlements, that exceed $1 million.… Continue Reading

Sorry For The Harm

The World Bank last week debarred a U.K subsidiary of Macmillan Publishers for six years (reviewable after three years) after the parent company self-reported to the bank corrupt payments to public officials in Sudan.… Continue Reading