As Mike Koehler points out in his latest column, the seemingly uneven treatment of big companies like Daimler, BAE, and Siemens as compared to individuals like Charles Paul Edward Jument raises the question of whether there is a two-tiered system for FCPA justice.
In August 2009, former Congressman William Jefferson was found guilty by a federal jury of a variety of charges, but not guilty of a substantive FCPA charge. We now have some insight into why this was the case.
Several execs and employees of HP are being investigated by German and Russian authorities for paying bribes to foreign officials to win a lucrative contract. The investigation brings up a bevy of potential FCPA issues as well.
From time to time, one's ideas and opinions can be taken a bit out of context and that is, Mike Koehler believes, what occurred in a recent Corporate Crime Reporter article.
Sasha Kalb and Marc Bohn of Miller & Chevalier provide an in-depth examination of the SEC's application of disgorgement - the remedy used to deprive wrong-doers of their ill-gotten gains and deter violations of federal securities law - in FCPA resolutions.
Given the frequency with which U.S. judges seem to be rubber-stamping FCPA settlements, it is refreshing to read Lord Justice Thomas's stern rebuke of the DOJ-SFO's joint settlement in the Innospec matter.
As explained by FCPA Compliance attorney Thomas Fox, an announcement by the OECD a few months ago should bring the considerable problems associated with facilitation in the international business arena into keener focus.
A few weeks ago, Mike Koehler took issue with Mark Mendelsohn's recent defense of the 2008 Siemens enforcement action. In response, he heard from William Jacobson. Read their exchange.
Authors from Miller & Chevalier discuss the implications of Senator Chris Dodd’s recent proposal that establishes a new program to reward whistleblowers who assist the SEC in an investigation of securities violations such as violations of the FCPA.
Seeing as how the the DOJ effectively stated "that's all folks" in regard to the investigation into whether Daimler violated the FCPA, the company will most likely not have to plead guilty to anything.