In last week’s post in this series we explained that the core purpose of the FCPA is to encourage, or require, ethical international business.
Entries in Jurisdiction (78)
"Obtaining evidence outside the United States," the U.S. Attorneys Manual says, "involves considerations unfamiliar to many American prosecutors."
After a company self discloses possible FCPA violations, or hears from the DOJ or SEC first, there are only two possible outcomes -- an enforcement action or a declination (no action by the DOJ or SEC).
We've talked about the Carson case and the defendants' challenge to the Travel Act counts.
A hearing on Friday this week might influence whether the DOJ will keep using Travel Act counts in FCPA-related prosecutions.
Ellen Podgor on her White Collar Crime Prof Blog posted commentary called Murdoch and the Foreign Corrupt Practices Act: A Minefield.
Bloomberg's David Glovin reported this month that Viktor Kozeny's Swiss lawyer who pleaded guilty in the U.S. to conspiracy to launder money was "reappointed to the board of a Swiss bank that the government said he used in the criminal scheme."
The U.K.'s domestic antibribery laws are sturdy enough to handle a prosecution of Rupert Murdoch's son, James, if one is justified.
Here is another sad chapter in the Siemens case. It’s a reminder to me of the unequal enforcement (or lack thereof) between the various jurisdictions.
The U.K. Bribery Act will be effective on July 1 and companies must now decide how to comply. That wasn’t made any easier last week by the Guidance from the Ministry of Justice.