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FCPA Blog Daily News

Entries in Opinion Procedure Releases (13)


Spinelli and Murtha: FCPA due diligence in healthcare M&A

At a conference recently, Sandra Moser, the acting Chief of the Fraud Section of the Department of Justice (DOJ) announced that the prosecutors from the agencies' Foreign Corrupt Practices Act (FCPA) Unit would be collaborating with the Corporate Strike Force of DOJ's Health Care Fraud Unit to investigate healthcare corruption here in the United States and abroad.

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Bill Steinman: How to handle mandated per diems with foreign government customers

Most FCPA Blog readers know that the FCPA contains an affirmative defense under which companies may incur expenses, such as meals or travel costs, on behalf of foreign government officials, so long as those expenses are reasonable and bona fide, and directly related to either showing off the company’s wares or executing or performing under a foreign government contract. 

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Are DOJ opinion procedure releases headed for extinction? 

This could be the first year since 2005 when the DOJ won't issue any FCPA Opinion Procedure Releases.

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IKEA’s charitable giving in Russia and the FCPA (Part Five)

This is the fifth post in our series about IKEA’s charitable contributions in Russia in the 1990s and early 2000s. Today we’re looking at an event that at first glance doesn’t even appear to be a donation.

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JP Morgan China hirings trigger SEC probe

The SEC is investigating whether JP Morgan Chase violated the FCPA by hiring two children of Chinese officials to win business.

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FCPA opinions get a face lift

In the recently released FCPA guidance, the DOJ devoted an entire chapter to its FCPA opinions procedure releases -- when to ask for one, how to make a request, and how to use the answer.

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New FCPA guidance: no sea change but a helpful enforcement summary

Last week, the DOJ and SEC issued their long-anticipated Resource Guide regarding the agencies’ FCPA enforcement. Over a year in the drafting, the 120-page Guide addresses, among other things, (1) the definition of a foreign official, (2) gifts and entertainment, and (3) the “hallmarks” of an effective corporate compliance program. 

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New DOJ opinion on promotional expenses by non-profit adoption agencies

The DOJ's second Opinion Procedure Release this year approved a plan by 19 non-profit adoption agencies to bring foreign officials to the United States to meet the staff at the agencies and families who have already adopted kids from the officials' country.

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Tom's Retort: DOJ Does Help Buyers

Tom Fox thinks Opinion Release 08-02 helped acquiring companies comply with the FCPA. He explains here.

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Buyers Face An Impossible Choice

A few years ago, Halliburton -- no stranger to FCPA compliance problems -- was fighting to buy British firm Expro through a hostile takeover.

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Beyond Balance VII: Lost Opportunities of Successor Liability

In my last post, I examined a possible reform -- the expansion of personal jurisdiction -- and argued that although it is supported by anti-bribery advocates, it would actually serve the interests of the U.S. business community.

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We Confess Our Love

There's no subtle way to say this: We love Shearman & Sterling's FCPA Digest.

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