Glencore’s FCPA resolution last month included a plea agreement requiring the parent company’s Chief Compliance Officer to certify its compliance program and reports to the DOJ. The CCO’s certification is subject to the false statements statute, punishable by up to five years in prison, and the federal obstruction law, which carries a potential prison sentence of up to 20 years.… Continue Reading
Posts Tagged: Obstruction
Every compliance training session should include this warning: If you ever become involved with, see, or otherwise discover a potential FCPA violation, stop everything. Don’t clean your desk, empty the trash can, or clear your browser history.… Continue Reading
The Justice Department Thursday charged two former Herbalife executives with bribing Chinese officials for ten years and covering it up by lying to the SEC and destroying evidence.… Continue Reading
China’s ZTE Corporation agreed Tuesday with the DOJ and two other agencies to pay $892 million for knowingly shipping dual-use telecoms equipment to Iran for six years and lying to cover up the trade offenses.… Continue Reading
During a recent webinar sponsored by the Washington Legal Foundation, we explored the impacts intensive individual-focused criminal enforcement can have on an industry, using the recent history of criminal enforcement of food safety laws as a case study. … Continue Reading
Jing Wang, the former president of global business operations for Qualcomm Inc., was sentenced Friday to 18 months in prison and fined $500,000 for his role in a three-year insider trading scheme and cover up.… Continue Reading
Frederic Cilins, 51, a French citizen, pleaded guilty Monday in the Southern District of New York to obstructing a federal criminal investigation into whether a mining company paid bribes to win mining rights in the Republic of Guinea.… Continue Reading
Did someone say FCPA enforcement had slowed down? Look again.
Already this month there have been settled enforcement actions involving Philips, Parker Drilling, and Ariel Sharef of Siemens, new charges unsealed against four former BizJet execs with two guilty pleas, and two Alstom execs with one guilty plea, and obstruction charges in a grand jury FCPA investigation.… Continue Reading
The former associate general counsel of GlaxoSmithKline who won dismissal without prejudice of an obstruction and false statement indictment last month has been re-indicted.
The DOJ again charged Lauren Stevens with four counts of making false statements, one count of obstruction of justice, and one count of falsifying and concealing documents related to Glaxo’s promotion of the anti-depressant drug for weight loss, which hadn’t been approved by the Food and Drug Administration.… Continue Reading
Two recent cases have focused attention on the hard choices faced by company counsel involved in criminal investigations and prosecutions.
The cases didn’t involve the FCPA. But they hold lessons for lawyers and executives dealing with FCPA compliance and enforcement.… Continue Reading