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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

Compliance Alert: Finding and dealing with ‘Red Hats’ in China

The old Chinese saying “money and power always come together” acknowledges the prevalence of using political power to gain business advantage in China. In ancient China, governmental officials opened their own businesses, which earned them the title “Red Hat Businessmen” alluding to the official hat under the Qing Dynasty of China.… Continue Reading

Corruption Risks — China Travel Edition (Part I)

In any country, paying for travel for government officials, customers at state-owned enterprises, or customers at purely private enterprises can present corruption risks. Many worthy publications have addressed travel risks generally and how to minimize those risks, including establishing a true business purpose for the trip, ensuring transparency with the recipient’s organization, pre-approving a detailed itinerary to ensure that sightseeing/leisure does not predominate, paying expenses directly to vendors where possible, avoiding unnecessary stopovers or family members or friends accompanying, etc.… Continue Reading

Under The FCPA, Where Are Victim’s Rights?

By Jordan Maglich

As readers of the FCPA Blog know, the past few years have seen a dramatic rise in FCPA prosecutions. In 2010 alone, companies settling FCPA-related charges paid $1.8 billion in monetary penalties, nearly tripling the $641 million paid in 2009.… Continue Reading

Defending The Defense

By Thomas Fox

I want to thank Kyle Sheahen for his recent post and paper arguing that the promotional expenses defense under the FCPA is illusory. His work has stimulated a useful debate.… Continue Reading

Asian Values, FCPA Risks

By Michael S. Diamant

Few FCPA compliance challenges are as vexing as the provision of everyday business courtesies, like gifts, meals, drinks, travel, and entertainment. Because the FCPA has no de minimis threshold, even minor expenditures could implicate the statute’s anti-bribery and accounting provisions.… Continue Reading

Second Chances And More

What a difference a year or so makes. In December 2007, Lucent Technologies Inc. — which became part of Alcatel SA in November 2006 — settled Foreign Corrupt Practices Act charges.… Continue Reading

On The Subject Of Resources

We’ve mentioned before Dan Newcomb’s FCPA Digest, calling it the most definitive publicly-available catalog of FCPA prosecutions, enforcement actions and disclosed investigations. So it’s great to see the release of the March 2009 version, available here.… Continue Reading

French Citizen Jailed For FCPA Offenses

Former Alcatel executive Christian Sapsizian, 62, has been sentenced to 30 months in prison, three years of supervised release, and forfeiture of $261,500 for bribing employees of the state-owned telecommunications authority in Costa Rica.… Continue Reading

Feeling The Heat Overseas

Foreign companies can’t be blamed for wondering if they’re being singled out under the Foreign Corrupt Practices Act. The names in the FCPA-related headlines alone are enough to cause high anxiety.… Continue Reading

Another Look At China

Yesterday we talked about a recent story in the Chinese press blaming foreign companies for more than half of the PRC’s corruption, and singling out U.S. companies that violated the Foreign Corrupt Practices Act in China.… Continue Reading

Most Corruption Comes From Abroad, Says China

A Special Warning For U.S. Companies

As China battles indigenous corruption, it’s also spotlighting foreign and especially U.S. companies that are importing illegal practices into the PRC. A story in the Chinese press in December 2007 said, “According to a report by local consulting company Anbound, of the 500,000 bribery cases investigated in China over the last 10 years, 64 percent involved foreign companies.”… Continue Reading