News and commentary about white-collar crime, enforcement, and compliance
Harry Cassin
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Andy Spalding
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Jessica Tillipman
Senior Editor
Bill Steinman
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Richard L. Cassin
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Elizabeth K. Spahn
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Cody Worthington
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Julie DiMauro
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Thomas Fox
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Marc Alain Bohn
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Bill Waite
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Russell A. Stamets
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Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
The mailbag brings plenty of pleasant surprises — and this morning was no exception. We received the following message (changed slightly to protect identities)
Dear FCPA Blog,
… Continue ReadingAs a member of the Law Review, I am required to write a student note.
Our post about DOJ Release 08-03 — which deals with the payment of promotional expenses to journalists who work for state-owned media in China — drew this comment from Frequent Reader .… Continue Reading
Foreign organizations in China have been vexed for years by the need to pay or reimburse Chinese journalists who attend local press events. The journalists can’t afford to travel on their own and their employers don’t reimburse them.… Continue Reading
It Misused Affirmative Defense For Promotional Expenses
Lucent Technologies Inc. settled U.S. Foreign Corrupt Practices Act charges with the Department of Justice and the Securities and Exchange Commission for $2.5 million.… Continue Reading
We noticed a week ago that U.S. Department of Justice Opinion Procedure Release No.: 07-02 (September 11, 2007) is missing. It no longer appears on the DOJ’s website that indexes all FCPA Releases (here).… Continue Reading
Charges Involve Fraud, FCPA Books and Records Violations and Improper Promotional Expenses
Bermuda-based heavy equipment maker Ingersoll-Rand Company Limited said on October 31, 2007 that it resolved fraud and U.S. Foreign Corrupt Practices Act violations in connection with illegal payments by subsidiaries to Iraqi officials under the U.N.… Continue Reading
The text of the Foreign Corrupt Practices Act sets out three types of payments to foreign officials that are lawful — facilitating payments, promotional expenses and payments permitted under the written laws of the host country.… Continue Reading
The affirmative defense for promotional expenses has always been a riddle, which explains why it appears so often among the Justice Department’s Opinion Procedure Releases, including both Releases so far this year.… Continue Reading
In its second Opinion Procedure Release of 2007, the Department of Justice again looked at promotional expenses. An affirmative defense in the U.S. Foreign Corrupt Practices Act allows payment or reimbursement of expenses of foreign officials that are directly related to “the promotion, demonstration, or explanation of products or services.”… Continue Reading
The FCPA’s promotional expenses affirmative defense is used as a basis to pay for overseas trips by foreign officials. It allows payment or reimbursement of expenses that are directly related to “the promotion, demonstration, or explanation of products or services.”… Continue Reading
In its first Opinion Procedure Release of 2007, the Department of Justice said it would take no action against a requestor proposing to cover some expenses for a