Complaints about the way the SEC brings and resolves nearly all of its enforcement actions, including FCPA violations, have finally come to the surface. First, with a unanimous Supreme Court decision in April that gives defendants an easier path to challenge the constitutionality of the SEC’s in-house court.… Continue Reading
Posts Tagged: Supreme Court
The Supreme Court today published an opinion that limits the SEC’s ability to use disgorgement without considering and deducting legitimate business expenses, making a significant change to how corporate FCPA settlements will be reached with the agency.… Continue Reading
Joel Esquenazi and Carlos Rodriguez petitioned the U.S. Supreme Court Thursday to review their convictions on FCPA-related charges for a scheme to bribe officials at Haiti’s state-owned telecom company.
In May, the U.S.… Continue Reading
Sam Rubenfeld of the Wall Street Journal reported that Joel Esquenazi and Carlos Rodriguez, who were convicted for FCPA-related offenses in a scheme to bribe officials at Haiti’s state-owned telecom company, plan to file a petition this week for a writ of certiorari with the U.S.… Continue Reading
SCOTUSblog — by far the best online daily reporter about cases brought to the U.S. Supreme Court — has been denied a credential for access to the court’s press gallery.
Frederic Bourke served nearly a year as an inmate of Englewood Camp, a 165-bed minimum-security prison in the southwest suburbs of Denver, Colorado. He walked free on March 21.
Bourke, 67, was convicted in 2009 of conspiracy to violate the FCPA and lying to FBI agents.… Continue Reading
A friend of the court (amicus) brief explaining the fundamentals of compliance programs should be prepared, possibly by a new working group led by former DOJ and SEC officials, facilitated by the Rand Center for Corporate Ethics and Governance.… Continue Reading
As reported by the FCPA Professor last week, Costa Rica’s Instituto Costarricense De Electricidad (ICE) filed a Petition for Writ of Certiorari in the U.S. Supreme Court in November.
In its Petition, ICE asks the following question, “Whether a crime victim who is denied rights conferred by the federal Crime Victims’ Rights Act has a right to directly appeal the denial of those rights?”… Continue Reading
This year’s fabled First Monday in October when the U.S. Supreme Court opens its new Term will be especially interesting for those of us who follow international business issues. The first case scheduled for oral argument in the new term is Kiobel v.… Continue Reading