In my hasty post on last week’s FCPA sting operation my focus was on the aggressive use of an undercover operation to catch violations of the Foreign Corrupt Practices Act. That was big news. It’s the first time that’s happened. The indictments did not disclose the companies involved. It’s now clear that this sting operation [...]
Tag Archives: Richard Cassin
DOJ Nets 22 in FCPA Sting
“The largest single investigation and prosecution against individuals in the history of DOJ’s enforcement of the Foreign Corrupt Practices Act” The Department of Justice has gotten serious about the FCPA. “This ongoing investigation is the first large-scale use of undercover law enforcement techniques to uncover FCPA violations and the largest action ever undertaken by the [...]
Compliance Bits and Pieces
Here are some interesting compliance stories that have not made their into their own posts: Canada’s Commitment to Combating the Corruption of Foreign Public Officials: Watching Bill C-31 from the Wrageblog Bill C-31, An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act, was introduced [...]
Diplomatic Immunity, Corruption and Parking Tickets
The Foreign Corrupt Practices Act only applies to those making bribes. It does not apply to the recipients of bribes. Since the recipient must be a “foreign official” you run into the issue of “diplomatic immunity.” Richard Cassin looked at one of the approaches to taking actions against the kleptocrats in Proclamation 7750 Unwrapped on [...]
Legal Expenses
Mark A. Srere and Amy J. Conway-Hatcher of Morgan, Lewis & Bockius LLP wrote Legal Expenses for The Recorder (CAL LAW). The article compares the results of U.S. Department of Justice and SEC investigation against Lucent with FCPA Opinion Procedure Release 08-03. Lucent spent millions of dollars on hundreds of trips for Chinese government officials [...]
Kay v. United States
Kay v. United States (Docket: 07-1281) is on the docket of the Supreme Court’s opening conference on September 29, 2008 for the Court’s October 2008 term. The petition for certiorari and all cert-stage briefs are available at scotusblog.com. David Kay and Douglas Murphy were sentenced in 2005 to 37 and 63 months in prison respectively [...]
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