The Justice Department issued an FCPA Opinion Procedure Release Friday, the first new release since November 2014, advising a U.S.-based investment advisor that fees paid to a foreign government-linked investment bank’s affiliate wouldn’t trigger an FCPA enforcement action.… Continue Reading
At a conference recently, Sandra Moser, the acting Chief of the Fraud Section of the Department of Justice (DOJ) announced that the prosecutors from the agencies’ Foreign Corrupt Practices Act (FCPA) Unit would be collaborating with the Corporate Strike Force of DOJ’s Health Care Fraud Unit to investigate healthcare corruption here in the United States and abroad.… Continue Reading
Most FCPA Blog readers know that the FCPA contains an affirmative defense under which companies may incur expenses, such as meals or travel costs, on behalf of foreign government officials, so long as those expenses are reasonable and bona fide, and directly related to either showing off the company’s wares or executing or performing under a foreign government contract. … Continue Reading
This could be the first year since 2005 when the DOJ won’t issue any FCPA Opinion Procedure Releases.
There have never been a lot FCPA releases — just 61 since 1980, an average of less than two per year.… Continue Reading
This is the fifth post in our series about IKEA’s charitable contributions in Russia in the 1990s and early 2000s. Today we’re looking at an event that at first glance doesn’t even appear to be a donation.… Continue Reading
The SEC is investigating whether JP Morgan Chase violated the FCPA by hiring two children of Chinese officials to win business.
The New York Times reported Saturday that the investment bank hired the son of the chairman of the China Everbright Group, a China state-controlled conglomerate, and won business from the group that included a stock offering by a subsidiary.… Continue Reading
Last week, the DOJ and SEC issued their long-anticipated Resource Guide regarding the agencies’ FCPA enforcement. Over a year in the drafting, the 120-page Guide addresses, among other things, (1) the definition of a foreign official, (2) gifts and entertainment, and (3) the “hallmarks” of an effective corporate compliance program. … Continue Reading
The DOJ’s second Opinion Procedure Release this year approved a plan by 19 non-profit adoption agencies to bring foreign officials to the United States to meet the staff at the agencies and families who have already adopted kids from the officials’ country.… Continue Reading
Regarding the FCPA Blog’s post Buyers Face Impossible Choice about Opinion Release 08-02, I have to disagree with the conclusion that “Halliburton’s experience was discouraging for anyone with an acquisition program and a desire to comply with the FCPA.”… Continue Reading
In my last post, I examined a possible reform — the expansion of personal jurisdiction — and argued that although it is supported by anti-bribery advocates, it would actually serve the interests of the U.S.… Continue Reading