FCPA Advisor

US and UK Regulators Speak Out on Anti-Corruption Enforcement Trends and Priorities

Dec 06, 2016

A number of key trends and priorities in international anti-corruption enforcement emerged last week at the 33rd ACI International Conference on the Foreign Corrupt Practices Act, held November 29 – December 2 outside of Washington, DC. Leading prosecutors and regulators from the US and UK described skyrocketing international law enforcement coordination, announced both “sticks” and “carrots” to encourage self-disclosure and cooperation, and pledged again to hold individuals accountable for anti-corruption violations. Officials from the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the UK Serious Fraud Office (SFO) repeatedly emphasized these points in both their prepared remarks and their responses to questions.

Related Attorney(s): Bret Campbell, J. Robert Duncan, James Treanor
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Beyond the Basics: First DOJ Declinations under FCPA Pilot Program Include New “Resourcing” Factors

Jun 09, 2016

In April 2016, the DOJ’s release of its FCPA Enforcement Plan and Guidance (the “Pilot Program”) confirmed an evolution in the agency’s view of the elements of an effective FCPA compliance program.

Related Attorney(s): Bret Campbell
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Paper Tigers: Recent Settlements Show Companies Operating in China Need to Do More to Enforce FCPA Policies

Mar 02, 2016

Amid a recent flurry of Foreign Corrupt Practices Act (“FCPA”) settlements announced by the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) were two settlements relating to the provision of improper gifts, hospitality and travel to Chinese government officials.

Related Attorney(s): Bret Campbell, James Treanor
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Bank of New York Mellon Settles FCPA Charges Regarding Internships for Relatives of Sovereign Wealth Fund Officials

Aug 20, 2015

On August 18, 2015, the Securities and Exchange Commission (“SEC”) announced that the Bank of New York Mellon Corporation (“BNY Mellon”) had agreed to settle administrative charges that it violated the Foreign Corrupt Practices Act (“FCPA”) by providing internships and work experiences to family members of officials of a Middle Eastern sovereign wealth fund (the “Fund”). The resolution with BNY Mellon continues a trend of aggressive FCPA enforcement by the SEC and marks the first time that the influencing of officials of a sovereign wealth fund has been the basis of an FCPA enforcement action.

Related Attorney(s): Peter Carey, Peter Clark, A. Joseph Jay III
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Canadian Court Hands Down First Prison Sentence Under Corruption of Foreign Public Officials Act

Jun 03, 2014

On May 23, 2014, the Ontario Superior Court in Ottawa imposed the first prison sentence under Canada’s Corruption of Foreign Public Officials Act (CFPOA). Defendant Nazir Karigar was sentenced to three years imprisonment for conspiring to bribe Indian government officials. The sentence is significant not only because it is the first handed down under the CFPOA, but also because it continues a trend of increased focus on international anti-corruption enforcement by the Canadian government. The Court’s sentencing decision provides insights that will inform companies’ decisions with regard to their international anti-corruption policies and procedures. Those insights are relevant not only to Canadian companies, but also to many companies based outside of Canada, whose Canadian-based subsidiaries and employees are obligated to comply with the CFPOA.

Related Attorney(s): Bret Campbell, Peter Clark, Douglas Fischer
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
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Eleventh Circuit Defines “Instrumentality” Broadly Under the FCPA

May 19, 2014

On May 16, the Court of Appeals for the Eleventh Circuit became the first federal appellate court to define an important element of the Foreign Corrupt Practices Act (“FCPA”) – what constitutes an “instrumentality” of a foreign government and, thus, who is a foreign official. In United States v. Esquenazi,1 a three-judge panel adopted a broad, fact-based definition of that term. Affirming the criminal convictions of both appellants, the court held that, in order to satisfy the statute, an “instrumentality” had to be an entity that both (1) is controlled by a foreign government and (2) performs a function that the foreign government “treats as its own.” The court provided clear guidance to trial judges and juries by setting out the critical elements to be determined when applying the two-pronged test.

Related Attorney(s): Jodi Avergun
Related Practice(s): FCPA and International Anti-Bribery
Related Office(s): New York
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Will Independent Directors Be on the Hook for Failure of Internal Controls in FCPA Cases?

Jul 15, 2013

The Foreign Corrupt Practices Act (“FCPA” or “the Act”) prohibits bribery of foreign public officials in order to obtain or retain business. In addition to its anti-bribery provisions, the FCPA contains accounting provisions related to bookkeeping and internal controls. Among the FCPA accounting provisions, the books and records provision requires issuers to make and maintain accurate books, records and accounts, and the internal controls provision requires that issuers devise and maintain reasonable internal accounting controls aimed at preventing and detecting FCPA violations.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark, Joseph Moreno, Kenneth Wainstein
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Allianz To Pay $12.3M To Settle SEC’s Bribery Allegations

Dec 19, 2012

On December 17, 2012, the Securities and Exchange Commission (“SEC”) announced that Allianz SE (“Allianz”), a German-based insurance and asset management company, had agreed to pay approximately $12.3 million to settle allegations that it violated the books and records and internal controls provisions of the Foreign Corrupt Practices Act (“FCPA”). Although the Allianz settlement does not represent one of the largest settlements in the history of FCPA enforcement, it is a noteworthy case in that it highlights the increasingly important role of whistleblowers in FCPA investigations as well as the SEC’s practice of seeking disgorgement for books and records violations without showing that the profits were earned as a result of the charged misconduct.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark, Joseph Moreno, Kenneth Wainstein
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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DOJ and SEC Issue FCPA Guidance

Nov 19, 2012

On November 14, 2012, the Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") jointly issued their Resource Guide to the U.S. Foreign Corrupt Practices Act ("FCPA") (the "Guide") which is available here.  In comments made on November 16, 2012 Assistant Attorney General Lanny Breuer described the Guide as "the most comprehensive effort ever undertaken by either the Justice Department or the SEC to explain our approach to enforcing a particular statute" and that as "the boldest manifestation of our transparent approach to enforcement, [it] will help businesses that are unsure of their obligations, and should therefore improve compliance."

Related Attorney(s): Jodi Avergun, Bret Campbell, Joseph Moreno, Kenneth Wainstein
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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FCPA Allegations Involving Customs Clearance in Kazakhstan

Jun 11, 2012

On June 6, 2012, the Wall Street Journal ("WSJ") reported allegations that Kazakhstan's Karachaganak Petroleum Operating BV ("KPO") and a logistics arm of an international freight provider had authorized improper cash payments to Kazakh customs officials in the city of Aksai. KPO describes itself as a venture between BG Group (UK), ENI SpA (Italy), Chevron Corporation (US), and Lukoil (Russia) that was formed to develop the Karachaganak field in northwest Kazakhstan. According to the WSJ article, KPO and the freight provider received allegations in March 2012 from an anonymous email source who gave the two companies details of the payments, including amounts, invoice numbers and manifest information. One of the emails, reportedly provided to the WSJ reporters for their review, alleged that employees of the freight forwarder had characterized the payments to customs officials as "extra verification" fees. Spokespersons for the companies contacted by the WSJ indicated that several separate&

Related Attorney(s): Jodi Avergun, Bret Campbell, Kenneth Wainstein
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Lindsey Manufacturing's Conviction Overturned

Dec 05, 2011

On December 1, 2011, United States District Judge A. Howard Matz threw out the Foreign Corrupt Practices Act ('FCPA') bribery convictions against Lindsey Manufacturing, an emergency electricity tower construction company, its president Keith Lindsey, and vice-president and chief financial officer Steve Lee, on the basis of repeated prosecutorial misconduct. In dismissing the indictment with prejudice, Judge Matz described the government's investigation as 'sloppy, incomplete and notably overzealous.' Last May, a jury had convicted the company, Lindsey, and Lee for bribing foreign officials at the Mexican state-owned utility Comisión Federal de Electricidad ('CFE').

Related Attorney(s): Jodi Avergun, Bret Campbell, Joseph Moreno
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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With Publication of Final Guidance, UK Bribery Act to Go Into Effect on July 1, 2011

Apr 15, 2011

Despite repeated delays and some question as to whether the UK would bow to pressure from the business community to water down the Bribery Act 2010 ("the Act"), on March 30, 2011, the UK Ministry of Justice released its final guidance (the "Final Guidance") on the Act, which leaves the import of the Act as a significant and expansive piece of anti-corruption legislation largely intact.  The Final Guidance provides insights and clarifications on key issues raised by businesses since the Act's passage in April 2010, as well as guidance for companies on what constitutes "adequate procedures" for preventing bribery.  Ultimately, however, the Final Guidance also makes clear that much remains at the discretion of the courts.

Related Attorney(s): Jodi Avergun, Bret Campbell, Joseph Moreno
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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U.K. Ministry of Justice Further Delays Implementation of Bribery Act

Feb 03, 2011

The U.K. Ministry of Justice has indicated that the Bribery Act of 2010 will not enter into force in April 2011, as previously planned.  This marks a further delay in the implementation of the controversial new law, which punishes not only bribery itself but also the failure of companies to prevent bribery.

Related Attorney(s): Jodi Avergun, Bret Campbell, Joseph Moreno
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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New Compliance Criteria Set in Sentencing Guidelines

Nov 30, 2010

The amendments to the Sentencing Guidelines for Organizations that went into effect on November 1, 2010, include new criteria for receiving downward departures for having an effective compliance program.  One amendment eliminates what was previously an automatic bar to favorable consideration under the Guidelines if high-level personnel were involved in the conduct under review. Prior to the offense, if high-level personnel participated in, condoned, or willfully ignored the offense, the organization could not receive credit despite having an effective compliance program at the time of the offense. Now, however, there are certain circumstances under which the actions of high-level corporate personnel with respect to the offense no longer serve as an automatic bar to a compliance credit.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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ABB Entities Resolve FCPA Investigation

Nov 30, 2010

On September 29, 2010, the Department and the SEC announced significant enforcement actions against Swiss-based ABB Ltd and two of its subsidiaries related to improper payments made by in Mexico and in Jordan. ABB Ltd, a leading provider of power technologies whose shares are traded on the New York Stock Exchange, agreed to enter into a deferred prosecution agreement as a result of kickback payments made to the Iraqi government in order to obtain inflated contracts under the United Nations Oil for Food program, and separate bribes made to Mexican officials. In addition, the company's U.S. subsidiary, ABB Inc., pleaded guilty to a criminal information charging it with one count each of violating the anti-bribery provisions of the FCPA and conspiring to do so.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Panalpina, Shell, Four Oil Services Companies Settle FCPA Charges

Nov 30, 2010

On November 4, 2010, the Department of Justice and Securities and Exchange Commission announced settlements with six major companies in their ongoing investigation of the oil services industry and its use of customs brokers and freight forwarders.

Related Attorney(s): Jodi Avergun, Bret Campbell
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Intermediaries Indicted for Involvement in Scheme to Bribe Mexican Officials

Sep 29, 2010

On September 15, 2010, a Los Angeles grand jury indicted Enrique Faustino Aguilar Noriega and Angela Maria Gomez Aguilar for their alleged roles in a conspiracy to bribe officials at Mexican government-owned electric utility company Comision Federal De Electricidad (CFE) and to launder money.  The grand jury charged Mr. Aguilar with separate conspiracies to violate the Foreign Corrupt Practices Act (FCPA) and to commit money laundering, four substantive violations of the Act and of one count of money laundering.  Ms. Aguilar was charged with conspiracy to commit money laundering and substantive money laundering offenses.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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U.K. Ministry of Justice Releases Guidance on Bribery Act

Sep 29, 2010

The U.K. Ministry of Justice announced in July that the recently enacted Bribery Act of 2010 would not become effective until April 2011, in order to allow time for a “short consultation exercise” during which public comments could be provided regarding draft guidance “about procedures which commercial organisations can put in place to prevent bribery on their behalf.”1  This consultation exercise began on September 14 and will continue until November 8, 2010.  The eventual guidance will be significant, as section 7 of the Act punishes not only bribery itself, but also the failure of companies to prevent bribery.  This new provision would apply if a company fails to prevent the payment of a bribe by one of its employees or agents in connection with the company’s business.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Department of Justice Issues FCPA Opinion Procedure Release on the Definition of the term “Foreign Official”

Sep 03, 2010

On September 1, 2010, the Department of Justice ("the Department") issued Opinion Procedure Release No. 10-03 ("the Opinion"), its third of the year.  The Opinion was issued in response to the request of a U.S. limited partnership ("the Requestor") involved in the development of natural resources and trading infrastructure around the world.  The Opinion addressed the Requestor's plan to engage a U.S. partnership ("the Consultant") and its owner to assist the Requestor in its efforts to gain foreign government approval for a natural resources infrastructure project.  The Requestor represented that the Consultant "previously and currently holds contracts to represent the foreign government and act on its behalf," and is a registered agent of a foreign government under the Foreign Agents Registration Act.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Alliance One and Universal Corp Settle DOJ, SEC Charges; Former Country Manager of Alliance One Pleads Guilty

Aug 16, 2010

On August 6, 2010, two subsidiaries of Alliance One International ("Alliance One") and a subsidiary of Universal Corporation ("Universal") agreed to plead guilty to FCPA-related criminal charges while the parent entities entered into non-prosecution agreements with the Department of Justice and settled charges filed by the Securities & Exchange Commission.  Alliance One and its subsidiaries agreed to pay aggregate fines and disgorgement of $19.45 million, while Universal and its subsidiary paid $8.9 million.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Giffen Pleads Guilty to Misdemeanor Tax Violation 7 Years After FCPA-Indictment; His Merchant Bank Pleads Guilty to FCPA Felony

Aug 16, 2010

On August 6, 2010, the Department of Justice announced the resolution of the high-profile FCPA prosecution of James H. Giffen, who was originally indicted with great fanfare in 2003.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Department of Justice Issues Second FCPA Opinion Procedure Release for 2010 Regarding Government Compelled Grants and Due Diligence

Aug 02, 2010

On July 16, 2010, the Department of Justice issued Opinion Procedure Release No. 10-02, its second of the year.  The Opinion Release was issued in response to the request of a U.S.-based non-profit (the "Requestor") that operates micro-finance institutions ("MFIs") around the world, including a wholly owned subsidiary in an unnamed Eurasian country (the "Eurasian Subsidiary").  The Opinion Release addressed the Requestor's plan to transform the Eurasian Subsidiary's current status as a humanitarian organization to that of a licensed bank under local law.  According to the Requestor, this change would allow the Eurasian Subsidiary to attract more capital and offer additional services to customers, while enabling it to benefit from the more predictable regulatory regime administered by the Eurasian country's Central Bank.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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GE Agrees to Pay $23.4 Million to SEC to Settle FCPA Charges

Jul 29, 2010

On July 27, 2010, the General Electric Company agreed to disgorge $18,397,949 in allegedly wrongful profits, plus $4,080,665 in pre-judgment interest and pay a civil penalty in the amount of $1 million, a total of over $23.4 million, to the Securities and Exchange Commission for alleged violations of the FCPA by its subsidiaries in connection with the United Nations Oil for Food Program.  Without admitting or denying the allegations, GE and its subsidiaries, Ionics, Inc. (now GE Ionics, Inc.), and Amersham plc. (now GE Healthcare Ltd.), also consented to the entry of a permanent injunction against further violations of Sections 13(b)(2)(A) and (B) of the Securities Exchange Act of 1934.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Implementation of U.K. Bribery Act Delayed Until April 2011

Jul 26, 2010

The U.K. Ministry of Justice announced on July 20, 2010, that the recently enacted Bribery Act of 2010 would not come into force until April 2011, a delay of several months designed to allow a "short consultation exercise," beginning in September, to develop "guidance about procedures which commercial organisations can put in place to prevent bribery on their behalf."  Official guidelines are to be published in early 2011, followed by "an adequate familiarization period," before the Act enters into force in April.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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ENI and Snamprogetti Settle Criminal and Civil Charges Related to the Bonny Island Project in Nigeria; JGC Corporation Discloses Settlement Discussions

Jul 15, 2010

The U.S. Department of Justice and the Securities and Exchange Commission settled FCPA-charges against a third of the four joint venture partners, and its parent, related to the construction of seven LNG trains for Nigeria's Bonny Island Project.  To-date, Kellogg, Brown and Root, Inc. (KBR), then a division of Halliburton, Technip S.A. of France and Snamprogetti Netherlands BV, a subsidiary of ENI S.p.A. of Italy, have been charged with paying over $100 million in bribes to Nigerian government officials during the course of a decade in order to secure more than $6 billion of work.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Breuer Cautiously Approaches Costly FCPA Cases

Jul 02, 2010

At a May 4, 2010 Council on Foreign Affairs meeting, Assistant Attorney General Lanny Breuer suggested a potential shift in the prosecution of FCPA cases away from older, document-driven investigations to more "robust, newer" cases.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Financial Reform Bill Compensates Whistleblowers Assisting the SEC

Jul 02, 2010

On June 30, 2010, the House passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"), a final version of a bill that emerged from a House-Senate conference on June 29, 2010.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Technip Enters into DPA with DOJ, Pays $338 Million Settlement

Jul 02, 2010

June 28, 2010, the U.S. Department of Justice (DOJ) announced that it had entered into a deferred prosecution agreement (DPA) with French construction and engineering company Technip SA ("Technip"). Technip settled FCPA-related charges by agreeing to pay a $240 million criminal penalty and engaging a monitor.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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First DOJ FCPA Opinion Procedure Release in 2010

Jul 02, 2010

On April 19, 2010, the Department of Justice issued its first opinion procedure release of 2010, declaring that a U.S. company would not violate the FCPA if the company engaged a foreign government official for services rendered to the company.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Department of Justice Guidance on Company Disputes with Corporate Monitors

Jul 02, 2010

As part of deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs), prosecutors may continue to require a company to engage an independent monitor to oversee and ensure a company's compliance with the agreement.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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DOJ Previews Expected Trends in FCPA Enforcement

Nov 01, 2009

In prepared remarks delivered at two separate forums in November, Assistant Attorney General for the Criminal Division Lanny Breuer previewed what lies ahead in FCPA enforcement.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Other News and Recent Developments

Nov 01, 2009

On November 23, 2009, the Department announced the unsealing of an indictment of John Joseph O’Shea (“O’Shea”) of California, the former general manager of the Texas office of a U.S. subsidiary of Swiss electrical engineering company, ABB Ltd. (“ABB”), upon his arrest for his alleged role in a conspiracy to bribe Mexican officials to secure contracts worth $81 million from the Mexican state electricity company, Comision Federal de Electricidad (“CFE”).

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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FCPA Trial Convictions Result in Sentences of Imprisonment

Nov 01, 2009

For the past several years, and as recently as this month, the U.S. Department of Justice (“Department”) has publicly commented that it will continue to prosecute, and seek imprisonment for, individuals that violate the Foreign Corrupt Practices Act (“FCPA”) to achieve a “real deterrent effect.”

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Other Recent Developments

Aug 01, 2009

On July 31, 2009, the SEC filed a settled enforcement proceeding against Nature’s Sunshine Products, Inc. (“NSP”), a publicly held manufacturer of nutritional and personal care products, its Chief Executive Officer, Douglas Faggioli and its former Chief Financial Officer, Craig D. Huff.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Jefferson Case Results in Second FCPA Trial Conviction for 2009

Aug 01, 2009

On August 5, 2009, the government secured its second trial conviction of the year when former U.S. Congressman William J. Jefferson, the first U.S. public official to be charged under the FCPA, was found guilty by a federal jury in Alexandria, Virginia, on 11 of 16 counts of the indictment, including soliciting and taking bribes, depriving constituents of his honest services, money laundering, racketeering and conspiracy to violate the FCPA.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

SEC and Foreign Prosecutors Announce New Anti-Corruption Efforts

Aug 01, 2009

On August 5, 2009, in a speech before the New York City Bar Association, Robert Khuzami, the Director of the Division of Enforcement of the United States Securities & Exchange Commission, announced that he was establishing five specialized enforcement units, one of which is devoted to enforcing the FCPA.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

The Emerging Trend to Prosecute Individuals: Connecticut Investor Convicted of Conspiracy to Bribe Azerbaijan Officials

Jul 01, 2009

The widely held perception that the Obama Administration’s enforcement of the Foreign Corrupt Practices Act (“FCPA”) would focus on the prosecution of individuals grew some legs last week.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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The Fair Foreign Business Bribery Prohibition Act

Jul 01, 2009

The Department and the Securities and Exchange Commission (the “SEC”) have overlapping jurisdiction to bring enforcement actions under the FCPA.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Other Developments

Jul 01, 2009

Novo Nordisk A/S, a Danish company (“Novo”), entered into a Deferred Prosecution Agreement with the Department and agreed to pay a $9,000,000 fine for making illegal kickbacks to the former Iraqi government in connection with the U.N. Oil-for-Food program.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Other Recent Enforcement Actions Against Individuals

Jul 01, 2009

On May 15, 2009, two executives of Florida-based companies pleaded guilty to a one-count criminal information charging them with conspiracy to pay and conceal bribes to Haitian government officials in violation of the FCPA and the money laundering laws.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
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Shareholders File Suit against Halliburton/KBR Related to its Settlement of FCPA Charges with the Department and the SEC

Jul 01, 2009

On May 14, 2009, the Policemen and Firemen Retirement System of the City of Detroit filed a shareholder derivative suit in the District Court for Harris County, Texas against the Halliburton Company and KBR, Inc. in which it alleged, among other things, that the companies’ failure to institute internal controls resulted in the bribery of Nigerian government officials.

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Recent Enforcement Activity Mirrors Department’ Predictions of Emerging Trends in FCPA and Anti-Corruption Enforcement

Apr 01, 2009

On March 5-6, 2009, at the American Bar Association’s 23rd Annual National Institute on White Collar Crime, Mark Mendelsohn, Deputy Chief of the Fraud Section of the Criminal Division of the U.S. Department of Justice (“Department”), reported on what is increasingly evident from a review of recent enforcement activity, namely, that the pace of efforts to combat overseas bribery, both within “the U.S and outside the U.S. in the past couple of years, and the past year in particular, has dramatically quickened.”

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Other Developments

Apr 01, 2009

Taking another critical step in its efforts to fight corruption and bribery, on March 25, 2009, the UK government introduced draft legislation aimed at reforming their existing anti-bribery laws, which have been subject to direct and sharp criticism from the Organization for Economic Cooperation and Development’s (“OECD”) Working Group on Bribery (the “Working Group”).

Related Attorney(s): Jodi Avergun, Bret Campbell, Peter Clark
Related Practice(s): FCPA and International Anti-Bribery, White Collar Defense and Investigations
Related Office(s): Washington
read more »

Competition Law in the Financial Services Sector | May 30 | London

Vincent Brophy will speak at this key industry event.

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