Benjamin D. Klein

Benjamin D. Klein

Morgan Lewis

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Lessons Learned from Nu Skin

The enforcement action against manufacturer Nu Skin Enterprises highlights the risks of making charitable donations in high-risk countries without conducting meaningful anticorruption due diligence....more

10/3/2016 - Bribery Charitable Donations Charitable Organizations China Corruption Due Diligence Enforcement Actions FCPA Fines Investigations Nu Skin Personal Care Products Popular Risk Mitigation SEC Subsidiaries White Collar Crimes

Supreme Court’s Interpretation of “Official Act” Poses New Challenge

The Court’s narrower interpretation of “official act” under the federal bribery statute creates a higher hurdle for federal prosecutors....more

6/29/2016 - Bribery Criminal Prosecution Governor McDonnell McDonnell v US Official Act Public Officials SCOTUS

ISO 37001: A New Measuring Stick for Corporate Compliance Programs

The International Organization for Standardization is developing a certifiable international standard for “anti-bribery management systems” that could influence how the US Department of Justice, US Securities and Exchange...more

5/24/2016 - Anti-Bribery Anti-Corruption Compliance FCPA Federal Prosecutors International Organization for Standardization SEC

DOJ Issues New FCPA Guidance and Launches Self-Reporting Pilot Program

The US Department of Justice has announced the creation of a one-year pilot program intended to encourage companies to self-report bribery violations and provide extensive cooperation in exchange for reduced penalties,...more

4/6/2016 - Cooperation DOJ FCPA Self-Reporting Strategic Enforcement Plan

SEC Policy Change: Voluntary Disclosure Now Required for DPA/NPA Resolutions in FCPA Cases

New SEC policy requires companies to self-report FCPA violations in order to be eligible for deferred prosecution agreements and non-prosecution agreements....more

12/7/2015 - Deferred Prosecution Agreements FCPA Non-Prosecution Agreements SEC Self-Reporting Voluntary Disclosure

DOJ: Companies Need Not Expend Exorbitant Fees to Get Full Cooperation Credit

During an FCPA panel event, the Chief of the US Department of Justice’s Fraud Section advised companies to conduct “targeted” FCPA investigations, dismissing the suggestion that companies must spend hundreds of millions of...more

5/19/2015 - Chief Compliance Officers Compliance Corporate Counsel DOJ Enforcement FCPA Internal Investigations

FBI Establishes “Dedicated International Corruption Squads” to Bust FCPA Violators

The squads will extend the capabilities of the US Department of Justice and the US Securities and Exchange Commission to gather evidence and enforce the Foreign Corrupt Practices Act....more

4/15/2015 - DOJ FBI FCPA Popular SEC

Federal Appeals Court Defines “Instrumentality” Under FCPA

Federal appeals court provides a two-step “control” and “function” analysis for determining whether an entity qualifies as an “instrumentality” under the Foreign Corrupt Practices Act. On May 16, the U.S. Court of...more

5/21/2014 - Appeals Controlled Foreign Corporations DOJ FCPA Foreign Official Instrumentality SEC Terra Telecommunications

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual...more

11/22/2013 - Anti-Corruption Compliance Cross-Border DOJ Enforcement FCPA

Fraudulent Receipts Pose Risks for Multinationals Operating in China

Multinational companies operating in the country should adapt their compliance programs in light of the risk of civil and criminal penalties. Fraudulent official receipts — or "fapiao"(the Chinese word for an official...more

8/12/2013 - China Compliance FCPA Fraud Invoices Multinationals Risk Management UK Bribery Act

The SEC Speaks: Enforcement Panel Discusses 2013 Priorities and Past Successes

Changing SEC leadership defines its priorities for a new era of SEC enforcement. At the annual "The SEC Speaks" conference on February 22 in Washington, D.C., Acting Director George Canellos and other senior officials...more

2/27/2013 - Elisse B. Walter Enforcement FCPA Mary Jo White SEC Whistleblowers

District Court Decision Limits the Extraterritorial Reach of the FCPA

Judge in Siemens case seeks "limiting principle" for the exercise of personal jurisdiction over foreign defendants and concludes that mere support for a bribery scheme by a foreign defendant is insufficient to establish...more

2/25/2013 - Bribery Extraterritoriality Rules FCPA Foreign Defendants Minimum Contacts Personal Jurisdiction SEC Siemens

District Court Reinforces Broad Territorial Reach of the FCPA

Decision in Magyar Telekom case maintains that engaging in unlawful conduct abroad that is "directed toward the United States, even if not principally directed there," may trigger personal jurisdiction....more

2/13/2013 - Bribery Extraterritoriality Rules FCPA Foreign Corporations Foreign Official Magyar Telekom Personal Jurisdiction SEC

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