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FCPA Professor 11/11/2019 00:16
Last week Assistant Attorney General Brian Benczkowski gave this speech at the 20th Annual Pharmaceutical and Medical Device Compliance Congress – an event frequently on the DOJ’s speech calendar. As highlighted below, Benczkowski delivered typical Department of Justice corporate compliance talking points. However, what stood out in his speech was his repeated odd use of the…. .
FCPA Professor 11/09/2019 07:23
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. As discussed in this post, the Supreme Court has agreed to hear another SEC disgorgement…. .
FCPA Professor 11/08/2019 00:03
Alan Dershowitz, a well-known law professor and commentator, recently penned this piece published in the Wall Street Journal titled “Most Plea Bargains Are Unconstitutional.” Deroshowitz writes: “When is a constitutional right not a right? When you’re punished for exercising it. If the government arrests or fines you for something you say, everyone recognizes a violation…. .
FCPA Professor 11/07/2019 00:13
In fiscal year 2010, the Securities and Exchange Commission created a specialized unit (one of only five in its enforcement division “dedicated to particular highly specialized and complex areas of securities law“) devoted to enforcing the FCPA. The question arises however: does the SEC really even need a specific FCPA unit? The below post highlights…. .
FCPA Professor 11/05/2019 00:04
As highlighted in this previous post, in February 2016 telecommunications company VimpelCom (now known as VEON) resolved a Foreign Corrupt Practices Act enforcement action concerning conduct in Uzbekistan. In resolving the matter through a three-year deferred prosecution agreement, the company agreed to pay a net $397.5 million FCPA settlement and also agreed to engage a…. .
FCPA Professor 11/02/2019 07:38
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. As highlighted in this post, six years after being charged in connection with conduct that…. .
FCPA Professor 11/01/2019 00:04
Trace International describes itself as “a globally recognized anti-bribery business organization and leading provider of third party risk management solutions.” (See here). According to Trace, its “due diligence solutions” are “based on internationally accepted best practices and our experience and familiarity with the compliance needs of multinational companies.” According to Trace, being “Trace Certified” “means…. .
FCPA Professor 10/30/2019 00:04
One interesting fact about the Foreign Corrupt Practices Act hearings in Congress in 2010 and 2011 is that there was bipartisan support for certain aspects of FCPA reform. For instance, John Conyers (a Democratic who served 53 years in the House and who recently passed away) remarked during his opening statement at the June 2011 House…. .
FCPA Professor 10/29/2019 00:27
This guest post originally was published on FCPA Professor in 2012 by Homer Moyer (Miller & Chevalier). Although time has passed, the term industry sweeps remain in the vocabulary of FCPA practitioners. Indeed, industries that have been subjected to industry sweeps include, among others, oil and gas, pharma / medical device, financial services, and telecom.….
FCPA Professor 10/28/2019 00:11
In 2013, the DOJ criminally charged Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom) with conspiracy to violate the FCPA’s anti-bribery provisions among other charges. (See here for the prior post). The conduct at issue alleged occurred between 2002 and 2004. Six years after being…. .
FCPA Professor 10/26/2019 08:16
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. Approximately seven years ago, the DOJ and SEC issued FCPA Guidance. (See here). What’s it…. .
FCPA Professor 10/25/2019 05:55
False, lack of context, stay in your lane, and for the reading stack. It’s all here in the Friday roundup. False At times it seems like we live in a post-factual world. If a fact gets in the way of a narrative, you just ignore the fact, pretend it doesn’t exist, and hope nobody calls…. .
FCPA Professor 10/24/2019 00:05
As highlighted in this prior post, in 2018 Stryker (a Michigan-based medical device company) became an FCPA repeat offender as the SEC brought a $7.8 million enforcement action against the company for not having internal accounting controls "sufficient to detect the risk of improper payments in sales of Stryker products in India, China, and Kuwait" and... .
FCPA Professor 10/23/2019 00:39
Prior posts here, here and here concerned so-called “Caremark Claims.” In short, a corporate director’s duty of good faith has evolved over time to include an obligation to attempt in good faith to assure that an adequate corporate information and reporting system exists. In Caremark (a 1996 decision by the Delaware Court of Chancery – a trial court), the court held that a director’s failure…. .
FCPA Professor 10/22/2019 00:04
FCPA Professor enjoys a diverse audience of worldwide readers including students or young associates seeking a Foreign Corrupt Practices Act practice. Over time, these pages have interviewed FCPA associates as to the following questions: what was your first FCPA related assignment; what countries have you visited doing FCPA work; of those countries, what has been…. .

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