There are few court cases involving the Foreign Corrupt Practices Act. Most of those accused quickly settle and move on. With few court cases that means the appellate decisions helping to interpret the FCPA are rare. Yesterday we had one of those rare sightings. Frederic Bourke was convicted of FCPA violations in 2009. Bourke co-founded [...]
Tag Archives: Azerbaijan
Sticking Your Head in the Sand and the FCPA
Prosecutors told the jury during Frederic Bourke’s trial that instead of doing adequate due diligence for his investment, he’d “stuck his head in the sand.” A jury convicted him conspiring to violate the Foreign Corrupt Practices Act and making false statements to federal investigators. How did the head of a prominent handbag company end up in [...]
Kozeny Decision Limits Defense to FCPA
Melissa Klein Aguilar wrote a peice on Compliance Week about the decision in U.S. v. Kozeny decision that limits the local law defense under the Foreign Corrupt Practices Act: FCPA Decision Narrows Local-Law Defense. The Kozeny decision makes clear that if the payment itself is illegal, the local-law defense can’t be used even if the [...]
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