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Richard L. Cassin Publisher and Editor

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Jessica Tillipman Senior Editor

Harry Cassin Managing 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

Bill Steinman Contributing Editor

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FCPA Blog Daily News

Entries in Jurisdiction (98)

Friday
Sep142018

Illya Antonenko: Should U.S. companies even care about GDPR?

We’re based in the United States, so how does the GDPR concern us?

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Monday
Sep102018

Ryan Rohlfsen: How much will US v. Hoskins impact FCPA coverage?

On August 24, the United States Court of Appeals for the Second Circuit ruled that a non-resident foreign national cannot be held criminally liable for aiding or abetting or conspiring to violate the Foreign Corrupt Practices Act, unless the government can show that he acted as an agent of a “domestic concern” or while physically present in the United States.

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Monday
Aug272018

Second Circuit affirms most of Hoskins dismissal

A federal appeals court ruled Friday 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.

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Tuesday
Jul242018

Federal Court: DOJ free to pursue alternate theories for FCPA jurisdiction

In the closely-watched criminal case against Chi Ping Patrick Ho pending in the Southern District of New York, the court last week rejected the defendant’s argument that an indictment cannot stack FCPA charges by alleging competing bases for jurisdiction. 

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Tuesday
May082018

Xavier Oustalniol: Will France expand the scope and reach of its anti-corruption agency?

The Special Investigative Commission of the National Assembly has released a report on the conditions surrounding foreign investments in French companies of strategic importance.

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Wednesday
Sep272017

Practice Note: New French law expands jurisdiction over foreign graft

In December 2016, France enacted an anti-corruption law known as Sapin II. The law was named after Michel Sapin, the then Minister of Finance, who said when presenting the bill: “In the fight against corruption, France cannot just satisfy itself with the existing situation.”

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Thursday
May252017

Angela Barkhouse: Kleptocrats should face the International Criminal Court

The arguments for prosecuting grand corruption at the International Criminal Court as a crime against humanity are persuasive.

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Wednesday
May042016

Why some doctors at China state-owned hospitals may not be ‘foreign officials’

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.

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Tuesday
Apr262016

Kristy Grant-Hart on ISO 37001: Yes, we need one standard to rule them all

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.

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Friday
Apr222016

No FCPA jurisdiction based solely on conspiracy and accomplice liability, court rules

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.

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Tuesday
Oct132015

Case note: Prosecuting foreign bribery without FCPA charges

Preet Bharara, U.S. attorney for the Southern District of New YorkLast 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.

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Tuesday
Jul212015

Double jeopardy? Siemens defendant loses Argentina dismissal motion

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).

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