The FCPA Professor analyzes the latest developments in the BAE case, which include the “bribery yet bribery” case leaving the U.S. and heading across the pond to the U.K.
The folks at Innospec Inc. may be wishing it sold things like fighter jets in places like Saudi Arabia than what it actually sells – things like Tetraethyl Lead in places like Indonesia. When bribery and corruption take place in the former instance, there is no exposure for bribery and corruption (see here), but when it takes place in the latter instance, there is exposure for bribery and corruption.
Both the antibribery provisions and the books and records and internal control provisions of the FCPA apply to issuers. That was easy. What is not so easy is figuring out just which companies are issuers.
“Los primeros minutos” son críticos en el entrenamiento del FCPA. Durante estos críticos “primeros minutos” es necesario establecer el tono adecuado en la comunicación y lograr captar la atención de los participantes comunicándose con ellos a su mismo nivel.
As you most likely recall, CCI’s FCPA Columnist Mike Koehler wrote recently about the “historic” FCPA investigation that indicted 22 people for having the intent to bribe a foreign official. Since then, there have been numerous updates that Mike has posted over at his blog FCPA Professor. Here are links to those updates with excerpts.
The PBSJ Corporation was unable to file its Annual Report due to an FCPA internal investigation “in connection with certain projects undertaken by PBS&J International, Inc., one of the Company’s subsidiaries, in certain foreign countries.”
For those anxious to see FCPA enforcement actions contested in an open, transparent, and adversary proceeding, yesterday’s announcements will be a blow as I expect FCPA enforcement to become even more opaque in the future.
Voluntary disclosure of potential FCPA violations is a tricky issue, made even more difficult given the potential conflict of interest FCPA counsel has in advising the company as to the important disclosure issue, particularly where the disclosure only involves a potential FCPA violation.
For FCPA watchers, the holiday season has traditionally extended into the first week of January – the week in which Gibson, Dunn & Crutcher releases its Year-End FCPA Report. Part year in review, part marketing document, the report is a useful resource for those interested in following FCPA developments.
In his most recent featured column, Mike Koehler takes a look back at FCPA enforcement circa 2000, when the FCPA was indeed “on the books” (the statute was enacted in 1977), yet there was little in terms of FCPA news or enforcement actions.
