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Richard L. Cassin Publisher and Editor

Andy Spalding Senior Editor

Jessica Tillipman Senior Editor

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

Bill Steinman Contributing Editor

Aarti Maharaj Contributing Editor


FCPA Blog Daily News

Entries in Enforcement Policy (69)

Friday
Jan232015

Paper: The FCPA is a new ‘international business tax’ on non-U.S. companies

After conducting statistical analysis on Foreign Corrupt Practices Act penalties, it's clear that foreign firms are paying nearly four times higher FCPA penalties as domestic U.S. firms. 

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Wednesday
Oct292014

In defense of the Caldwell Doctrine

Image courtesy of C-Span via YoutubeAs the FCPA Blog reported last week, DOJ criminal division chief Leslie Caldwell recently gave an important talk at Duke Law School in which she laid out her vision of the Foreign Corrupt Practices Act. Her vision is compelling, and important, in so many ways. I rise in defense of one of them.

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Monday
Mar032014

The International Compliance Leadership Series (March 7, Singapore)

The International Compliance Leadership Series, co-hosted by the FCPA Blog and Norton Rose Fullbright, is a chance for regional and international compliance professionals to meet with some of the world’s leading authorities on anti-corruption compliance and enforcement.

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Monday
Feb102014

More from McGuire Woods on Bribery Act expansion

On Friday, I wrote about how the director of the Serious Fraud Office, David Green, proposed an amendment to the UK Bribery Act that would expand the law's coverage and lead to the possible blacklisting of companies.

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Tuesday
Feb042014

Good-faith defense: A trump card for compliance officers

Preston Tull Eldridge of the Arkansas Law Review argued in a recent article that FCPA enforcement practices are "a lose-lose situation for corporate compliance programs."

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Tuesday
Jan212014

Is the FCPA a testosterone thing?

As the New Year kicks into full swing, I decided to take a retrospective look at the last several years of individual FCPA enforcement actions. Looking through on a year-to-year basis, a not entirely surprising trend began to emerge: the number of men prosecuted by the Department of Justice for violations of the FCPA outnumbered women. What was shocking however was the immense disparity: Men made up an astounding 96.7% of all defendants since January 2008.

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Tuesday
Oct222013

JP Morgan settlement may be decisive moment for Wal-Mart

A new wind may be blowing at the DOJ. Its tentative deal with JP Morgan indicates a willingness to take a tougher attitude on remediation. The DOJ is asking for a big payment, $13 billion, but the really big news is that DOJ reportedly hasn't dropped the criminal investigations and will require the bank to admit wrongdoing.

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Monday
Oct212013

SFO has makeover, and it'll scare you

At a bribery and compliance confab last week in London, the SFO's Alun Milford hit the reset button for the UK Bribery Act, warning that his law enforcement agency will start acting like . . . . a law enforcement agency.

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Monday
Oct142013

Top Aussie regulator defends anti-bribery enforcement record

Greg Medcraft, the chairman of the Australian Securities and Investment Commission (roughly equivalent to the SEC), spoke to an AmCham crowd last week in Sydney about enforcement of Australia's foreign anti-bribery law.

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Tuesday
Sep242013

The ‘Genre of Blogs’

Introspection is rare in this quadrant. On the other hand, we're as susceptible to flattery as the next blog. So these two notes, sent within a couple hours of each other, had us walking on air.

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Monday
Sep162013

China's changing view of bribe givers

It has been typical under PRC law for bribe takers to be punished more severely than bribe givers. The policy was to punish extortion and incentivize cooperation with government investigations. But as recent investigations into the sales practices of big pharmaceutical companies have shown, this policy may be changing.

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Friday
Aug232013

Small companies: Still vulnerable despite enforcement gains

In the past few years, efforts by the Securities and Exchange Commission and the Department of Justice to enforce the FCPA have intensified at a steady pace, making it harder for U.S. companies to bribe their way into obtaining a business advantage in foreign countries.

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