To the untrained eye, they often appear as scrubby derelict vagabonds, haunting the steps of administrative offices throughout the developing world.
Entries in Knowledge (45)
On his D&O Diary, Kevin LaCroix always hits the ball straight and long.
Does a defendant need to know a bribe taker is a 'foreign official' to be guilty of an FCPA offense?
A powerful, detailed rebuttal to the U.S. Chamber of Commerce’s proposals to amend the U.S. FCPA launched this month. Professorial powerhouses David Kennedy (Harvard Law School) and Dan Danielsen (Northeastern School of Law) issued their 84 page analysis, Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act.
Attorney Harvey Silverglate had a thoughtful article in Forbes this month. His topic was mens rea -- the requirement in the U.S. that a person must intend to commit a crime to be guilty.
Can a corporation be criminally responsible under the FCPA's anti-bribery provisions for payments it doesn't know about? It sounds strange but the question comes up in a common scenario.
Here's some simple wisdom that applies to congressmen with an overactive camera thing, or to anyone thinking of convoluted ways to bribe foreign official but deny having knowledge of it.
Judge James V. Selna yesterday denied the Carson defendants motion to dismiss ten FCPA-related counts in the indictment against them based on the definition of "foreign official" in the Foreign Corrupt Practices Act.
Should anyone be surprised by the guilty verdicts handed down Tuesday in the Lindsey case? Not at all. History, and the odds, are always against FCPA defendants.
As reported today by Ellen Podgor on the White Collar Crime Prof Blog, the case against GlaxoSmithKline's former VP and associate general counsel has been dismissed without prejudice.