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Andy Spalding Senior Editor

Jessica Tillipman Senior Editor

Elizabeth K. Spahn Editor Emeritus

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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

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FCPA Blog Daily News

Entries in David Kay (29)

Wednesday
Dec132017

What's the most important FCPA case ever?

Since the FCPA became law in December 1977, the DOJ has brought about 300 enforcement actions. Which one is the most important?

Click to read more ...

Monday
Aug152016

Jessica Tillipman: The Ten Longest FCPA-Related Prison Sentences

The DOJ's Yates Memo is nearly a year old. The anti-corruption and compliance communities are still wondering what impact it will have on individual responsibility for white collar crimes. That in turn has brought more interest about past prison sentences for FCPA offenses and what future defendants might expect when sentenced.

Click to read more ...

Friday
Dec052014

Why FCPA history matters: ‘Congress was distraught’ 

President Jimmy Carter addresses Congres in 1977Joseph Sigelman, the former co-CEO of PetroTiger Ltd., is the latest defendant to argue that employees of state-owned enterprises aren't "foreign officials" under the FCPA. He was charged in May with bribing an official at Ecopetrol SA, Colombia’s state-controlled oil company, and defrauding PetroTiger by taking kickbacks.

Click to read more ...

Friday
Nov212014

PetroTiger defendant brings latest ‘foreign official’ challenge

Joseph Sigelman, who served as a former co-CEO of PetroTiger Ltd., is the latest FCPA defendant to argue that employees of state-owned enterprises aren't "foreign officials" under the FCPA.

Click to read more ...

Monday
Aug112014

WSJ: Esquenazi, Rodriguez will seek Supreme Court review

Image courtesy of the U.S. Supreme CourtSam 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. Supreme Court.

Click to read more ...

Monday
Dec242012

Magazine bashes FCPA, defends Wal-Mart

An article in the National Review Friday slammed the FCPA and the DOJ's enforcement of it.

Click to read more ...

Thursday
Dec132012

Great guidance from the bench: 'The FCPA casts a wide net'

In his 61-page ruling this week allowing the SEC's suit against two former Noble executives to go forward, federal district judge Keith P. Ellison provided some excellent 'guidance' about the FCPA.

Click to read more ...

Tuesday
Dec042012

A compliance lesson from middle school

The seventh grade shop teacher said, 'Always cut the wood on the way side of the line. That protects against mistakes. You can shorten a board, but you can never make it longer.'

Click to read more ...

Wednesday
May162012

Feds: Widespread Corruption Is No Defense

Paul Cosgrove and David Edmonds want a jury instruction about 'customary practices' in some of the countries where their employer, CCI, did business.

Click to read more ...

Monday
May162011

How Much Prison Time For Lindsey and Lee?

They're facing up to 30 years behind bars. The government isn't likely to ask for jail terms of that length. But prosecutors will want long sentences -- probably more like 10 or 12 years.

Click to read more ...

Wednesday
Apr062011

FCPA Defendants Face Long Odds

In Los Angeles this week, the trial of Lindsey Manufacturing, Dr. Keith Lindsey, Steve K. Lee, and Angela Aguilar opened in federal court. On Friday, they lost their motion to dismiss the case when the judge ruled that officers of the Mexican electric utility CFE, who the defendants allegedly bribed, aren't foreign officials under the FCPA.

Click to read more ...

Tuesday
May112010

The Hard Timers

Compliance officers will want to keep a copy of the table below close at hand. What better way to answer those who insist that the FCPA is small potatoes, after all, when you look at the relatively few enforcement actions over the past 33 years.

Here are the 22 men (no women so far), most of them former company executives, who've spent time in prison for FCPA-related convictions. Each name that follows represents a terrible tragedy, often with permanent damage extending to families. As the compiler of the list said: "By my count there have been 187 people charged with violating the FCPA. This list will look a little different at the end of the year."

We'd like to thank the generous individual responsible for this post, but that's not possible. He or she has asked to remain anonymous, making this contribution pro bono publico.

The information is compiled from the Federal Bureau of Prisons' inmate locator. Readers with suggestions and corrections are welcome to let us know.

 

Name

Related Company

Register #

Age Race Sex

Release Date

Location

FERNANDO MAYA BASURTO

ABB Ltd

39135-177

48-White-M

UNKNOWN

HOUSTON FDC

CHARLES PAUL EDWARD JUMET

Ports Engineering Consultants Corporation

75638-083

53-White-M

UNKNOWN

NOT IN BOP CUSTODY

SULEIMAN A NASSAR

Lockheed

45723-019

73-White-M

11/19/1996

RELEASED

DAVID H MEAD

Saybolt

79529-079

72-White-M

7/21/1999

RELEASED

HERBERT STEINDLER

General Electric

02423-061

71-White-M

3/13/2000

RELEASED

HERBERT LAWRENCE TANNENBAUM

Tanner Management Corp

82537-054

85-White-M

4/20/2000

RELEASED

RICHARD G PITCHFORD

Central Asia American Enterprise Fund

26036-016

75-White-M

12/4/2003

RELEASED

ROBERT RICHARD KING

Owl Securities and Investments

14447-045

76-White-M

6/30/2006

RELEASED

STEVEN LYNWOOD HEAD

Titan

95321-198

63-White-M

9/29/2008

RELEASED

YAW OSEI AMOAKO

ITXC Corporation

60267-050

58-Black-M

12/17/2008

RELEASED

PAUL GRAYSON NOVAK

Willbros

43505-279

43-White-M

12/19/2008

RELEASED

ROGER MICHAEL YOUNG

ITXC Corporation

29574-016

49-White-M

4/10/2009

RELEASED

STEVEN JOSEPH OTT

ITXC Corporation

60540-050

50-White-M

6/17/2009

RELEASED

RAMENDRA BASU

World Bank

29254-016

47-White-M

8/7/2009

RELEASED

FAHEEM MOUSA SALAM

 

28567-016

32-White-M

1/7/2010

RELEASED

MISAO HIOKI

Bridgestone

90290-111

56-Asian-M

11/23/2010

LOMPOC USP

DAVID KAY

American Rice

13749-179

58-White-M

1/27/2011

TEXARKANA FCI

JIM BOB BROWN

Willbros

66158-179

48-White-M

1/29/2011

ATLANTA USP

CHRISTIAN SAPSIZIAN

Alcatel SA

78172-004

63-White-M

3/18/2011

NE OHIO CORR CTR CI

JASON EDWARD STEPH

Willbros

36444-177

40-White-M

3/28/2011

EL RENO FCI

DOUGLAS MURPHY

American Rice

13987-179

53-White-M

12/31/2012

EL RENO FCI

SHU QUAN-SHENG

AMAC International

58250-083

69-Asian-M

2/18/2013

LA TUNA FCI