The Ohio State Law Journal's FCPA symposium happens March 16 in Columbus.
Entries in Legislative History (51)
Serendipity is a wonderful thing. What better segue from my last posting than yesterday’s announcement that Russia has signed the OECD Anti-Bribery Convention. This is a remarkable and important event. I hope we fully understand why.
I previously argued in this space that the contemporary FCPA reform debate is strikingly disconnected from history; both camps seem to have collectively forgotten how we believed the FCPA would operate in the world.
To understand where the FCPA should go from here, we need to understand where, and how, it began.
Why and how did the FCPA become law? Here's a great clip from PBS featuring some eyewitnesses to the events.
Ellen Podgor on her White Collar Crime Prof Blog posted commentary called Murdoch and the Foreign Corrupt Practices Act: A Minefield.
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.
We finally have an opportunity to resolve what many commentators suggest is an intractable issue -- the definition of “instrumentality thereof” as used in the FCPA, and as applied to foreign state-owned-enterprises.
Sovereigns have corporatized and globalized and become the biggest financial players on the planet. It's the governments themselves that have redefined their "instrumentalities" -- the DOJ didn't need to lift a finger.