Skip to content


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

Posts Tagged: Stuart Carson

What Is An ‘Instrumentality Thereof’? Let’s Keep It Real

Former Judge Stanley Sporkin, the ‘father of the FCPA’By Michael Volkov

In the world of overseas bribery and the Foreign Corrupt Practices Act, we finally have an opportunity to resolve what many commentators suggest is an intractable issue — the definition of “instrumentality thereof” as used in the FCPA, and as applied to foreign state-owned-enterprises.… Continue Reading

More Defendants Challenge ‘Foreign Official’

Three more defendants in a high-profile FCPA prosecution in federal court in California filed a motion yesterday to dismiss the indictment against them on the grounds that the FCPA doesn’t apply to officers and employees of state-owned entities.… Continue Reading

‘Instrumentalities’ And The New World Order

In their motion to dismiss all counts of the complaint against them, the defendants in U.S. v. Carson argue that state-owned companies aren’t “instrumentalities” of a foreign government. So, they reason, the officers and employees of state-owned companies — the people they allegedly bribed — can’t be “foreign officials,” even if the entity in question is owned 100% by the foreign government.… Continue Reading

The Husband-And-Wife Thing

We had a vision this week. It was of two people, joined together as one flesh, standing before a federal judge. Actually, there were six people, three couples in all, to wit:

  • Gerald and Patricia Green, convicted in September 2009 of conspiracy to violate the Foreign Corrupt Practices Act and nine counts of violating the FCPA.
Continue Reading

Double-Barreled Prosecutions

After a corporation makes a deal to settle an FCPA case, it’s on the government’s side. For employees accused of violating the FCPA, that can mean facing the overwhelming firepower of both the government and the corporation.… Continue Reading

Rose Carson’s Big Flush

On August 17, 2007, the government alleges, Hong “Rose” Carson learned that her employer, California-based Control Components Inc., had hired lawyers to conduct an internal investigation into corrupt payments overseas. Just prior to her interview, prosecutors say, she tore up documents relevant to the internal investigation and flushed them down a toilet in CCI’s ladies room.… Continue Reading

Former CCI Exec Extradited

The DOJ said today that Flavio Ricotti, an Italian citizen indicted in April 2009 with five other former executives of California-based valve-maker Control Components Inc. (CCI), has been extradited to the United States from Germany.… Continue Reading

Four Await January Sentencing

Hollywood movie producers Gerald and Patricia Green: They may soon become the first husband and wife sentenced for violating the Foreign Corrupt Practice Act. Prosecutors want Gerald Green to spend the rest of his life in prison.Continue Reading

Enforcement Report For Q2 ’09

During the second quarter there were, by our count, eleven Foreign Corrupt Practices Act enforcement actions. They involved four companies — three firms resolved criminal or civil charges, or both, and one disclosed an investigation — and 13 individuals who were either indicted, put on trial, pleaded guilty or sentenced.… Continue Reading