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.
Mike Koehler highlights the expected "bribery, yet no bribery" deal between Daimler and the DOJ so that more is understood about the facade of FCPA enforcement, thus increasing the chance that the facade of FCPA enforcement will be exposed and addressed.
This post provides Mike Koehler's latest commentary regarding the most recent updates on FCPA cases involving Daimler, Alstom, and SFO.
Back in active blogging "mode" here on the campus of the Sweet 16 bound Butler Bulldogs after an enjoyable few days in Washington D.C. where I participated in Georgetown Law's Combating Global Corruption Conference.
A topic in the blogosphere this week has been whether the FCPA needs to be suspended so that more U.S. companies will invest in Haiti. Mike Koehler analyzes the question and comes an emphatic conclusion.