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FCPA Blog Daily News

Entries in Respondeat Superior (56)


Back to basics: The ten elements of an effective compliance program

The best primary source material for creating and maintaining an anti-corruption compliance program is still Chapter 8 of the U.S. Federal Sentencing Guidelines.

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Sandra Orihuela: Amid Odebrecht fallout, Peru enacts world-class anti-bribery law

Peru welcomed the new year by enacting into force Law 30424, which introduces corporate criminal liability applicable to bribery.

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Practice Note: A jury instruction on FCPA corporate responsibility

Privately-held Lindsey Manufacturing is the only corporation to ever face a full jury trial for alleged FCPA offenses.

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Is Jay Clayton another Andrew Weissmann? Let's hope so

President Elect Trump’s pick to lead the SEC is Jay Clayton. He wrote in a 2011 NYC Bar Association paper about the FCPA. The paper addressed the “lasting harm to the competitiveness of U.S. regulated companies” due to the “current anti-bribery regime.”

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Judge Rakoff isn't showing Prof Garrett the love

Judge Jed Rakoff above, Prof Brandon Garrett belowIn the February 19 edition of the New York Review of Books, federal judge Jed Rakoff of the southern district of New York reviews Brandon Garrett's book, Too Big to Jail: How Prosecutors Compromise with Corporations.

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More from McGuire Woods on Bribery Act expansion

On Friday, I wrote about how the director of the Serious Fraud Office, David Green, proposed an amendment to the UK Bribery Act that would expand the law's coverage and lead to the possible blacklisting of companies.

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Good-faith defense: A trump card for compliance officers

Preston Tull Eldridge of the Arkansas Law Review argued in a recent article that FCPA enforcement practices are "a lose-lose situation for corporate compliance programs."

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U.K. opposition takes fresh look at enforcement policy

Last week, the British Labour Party, the main opposition party, published a policy review called 'Tackling Serious Fraud and White Collar Crime.'

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Differing views of corporate criminal liability complicate anti-graft fight

The criminal liability of corporations is an essential part of the fight against foreign bribery. Yet not every legal system views this area of law in the same way, and not everyone agrees on the best approach.

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Magazine bashes FCPA, defends Wal-Mart

An article in the National Review Friday slammed the FCPA and the DOJ's enforcement of it.

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DOJ and SEC release 'unprecedented' joint FCPA guidance

The DOJ and SEC today released a 120-page FCPA resource guide.

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Balanced enforcement deters bribery

Enforcement is a greater deterrent, in my opinion, if directed at both corporations and individuals.

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