A recent scandal at a major Chinese public hospital revealed that many of the public hospitals across the country outsource their medical services to private companies and employ doctors as independent contractors. That could raise doubts about some public hospital doctors in China being "foreign officials" under the FCPA.
Entries in Jurisdiction (91)
Have you ever sat across from your joint venture partner in Indonesia. Romania or Taiwan trying to explain why the United States Federal Sentencing Guidelines make it so their employees should be provided with anti-bribery training? I have, and it isn't a fun conversation.
On March 16, the U.S. District Court for the District of Connecticut affirmed its earlier ruling that a non-resident foreign national cannot be charged with conspiracy to violate the Foreign Corrupt Practices Act or with aiding and abetting a violation of the FCPA, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.
Last week the DOJ charged four bankers from Honduras in a multi-year scheme to launder drug money and bribe foreign officials through accounts located in the United States.
The Cámara Federal de Casación Penal of the Republic of Argentina issued an important ruling on May 4 concerning the legal principle that no one can be punished twice for the same crime (non-bis-in-idem).
South African miner Gold Fields Ltd. issued a statement Monday saying the SEC closed its FCPA investigation and won't recommend an enforcement action against the company.
Net 1 UEPS Technologies said in a securities filing Monday that the SEC isn't recommending an enforcement action after investigating possible violations of the Foreign Corrupt Practices Act.
In 2005, former president Bill Clinton traveled to Kazakhstan to meet with its leader, Nursultan Nazarbayev. Clinton flew to Almaty with the Canadian mining financier Frank Giustra on Giustra's private jet, the New York Times reported Thursday. Giustra was there to secure rights to Kazakhstan's rich uranium deposits.
The credit crunch and globalization have driven the recent growth of international franchising, and as companies expand abroad through this model, system participants must be aware of increased FCPA and anti-bribery risks.