The U.S. 5th Circuit Court of Appeals will expedite its review of a trial court’s second dismissal of an FCPA case that began for the defendant in Portugal five years ago.… Continue Reading
Posts Tagged: Statute of Limitations
Federal prosecutors in Texas learned recently that a request under a mutual legal assistance treaty, or MLAT, can toll a statute of limitations for only so long. The decision by Judge Kenneth M.… Continue Reading
Have you noticed how many corporate FCPA enforcement actions recount old facts. Really old facts — sometimes from more than a decade ago. Why should we care about all that ancient history?… Continue Reading
As part of Goldman Sachs’ record-breaking $3.3 billion FCPA resolution, the SEC ordered the company to disgorge $606.3 million. That’s the second biggest disgorgement ever ordered in an FCPA enforcement action.… Continue Reading
The DOJ and SEC published the Second Edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act Friday, updating for the first time the best government-produced FCPA guidance.… Continue Reading
This year the SEC has already awarded $114 million to whistleblowers, nearly twice the amount than for all of 2019. Three awards in 2020 are among the ten biggest SEC payouts ever, including last week’s $50 million award to a former BNY Mellon currency trader.… Continue Reading
In February, the Department of Justice unsealed an indictment against two former executives of the Indonesian subsidiary of Alstom S.A., Reza Moenaf and Eko Sulianto, and a former executive of Marubeni Corporation, Junji Kusunoki.… Continue Reading
Saudi Arabia changed its law this week to remove the statute of limitations for anti-corruption investigations into current and former ministers of the world’s largest petroleum exporter.
The amendment disposes of the sixty-day statute of limitations that previously governed investigations into alleged corrupt activity. … Continue Reading
A federal judge in Brooklyn dismissed the SEC’s civil suit against two former executives of fund manager Och-Ziff Capital Management Group that accused them of violating the Foreign Corrupt Practices Act by orchestrating massive bribes across Africa.… Continue Reading
The U.S. Supreme Court issued its highly anticipated opinion in Kokesh v. SEC Monday, unanimously holding that the SEC’s use of disgorgement operates as a penalty under federal law and is therefore not freed from the five-year statute of limitations.… Continue Reading
One of the world’s biggest gold miners said in a securities filing this week that the SEC won’t recommend an FCPA enforcement action against the company.
Colorado-based Newmont Mining Corporation said it received a declination letter from the SEC “in late February 2017.”… Continue Reading
Two former executives of Magyar Telekom who were headed for trial this month against the SEC agreed instead Monday to pay penalties and accept officer-and-director bars to settle FCPA violations.
Magyar Telekom’s former CEO Elek Straub will pay a $250,000 penalty.… Continue Reading