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UK: Secondary ticketing market to become more transparent

The UK Government has agreed to an amendment to the Consumer Rights Bill which will make the secondary ticketing market more transparent and help to protect secondary ticket buyers against fraud....more

Bribery and Compliance in India: Know the Challenge and Prepare for It

Today I welcome Sherbir Panag, for another post in my series of country discussions, where we will address Bribery and Anti-Bribery Compliance in India. As a forward, this was an interesting engagement, as it provided me...more

Foreign Bribery And Corruption - Australian Law

Increasingly, Australian companies are entering into cross border business relationships and in doing so are discovering that the law and the local culture can be quite different. This is especially true in the use of bribes...more

High Court Divided: Is A Fish A Tangible Object?

Gulf fisherman John Yates was cited by a federally-deputized Florida Fish & Wildlife officer for having caught a few red grouper that were about an inch under the 20” minimum limit at the time (they’d have been legal under...more

OECD Slams France for Lacklustre Bribery & Corruption Enforcement

International pressure is mounting for France to boost their anti-bribery and corruption efforts, but French organisations face the most serious risks—and have the greatest need for strong compliance programmes—today....more

Supreme Court Rejects the Government’s “Fishy” Interpretation of Sarbanes-Oxley Obstruction Statute

On February 25, the United States Supreme Court issued a decision in Yates v. United States.1 This case involved the interpretation of Title 18, United States Code, Section 1519, a statute that was added as part of the...more

Goodyear’s Settlement with the SEC Emphasizes the Importance of FCPA Due Diligence in M&A Transactions and of Having a Robust...

On February 24, 2015, Goodyear Tire & Rubber Co. agreed to pay more than $16 million to settle charges that two of its subsidiaries allegedly paid $3.2 million in bribes that generated $14,122,535 in illicit profits. The SEC...more

Court Reins In Prosecutorial Overreach in Insider Trading Cases

In an effort to reinstate powers stripped from them by the Court of Appeals in U.S. v. Newman and Chiasson, prosecutors have sought a rehearing of the landmark Second Circuit decision which severely curtailed the scope of...more

DOJ Continues to Set Records with Antitrust Enforcement in 2014

The Department of Justice’s Antitrust Division (DOJ) recently reported its criminal prosecution of companies and individuals engaged in cartel, price-fixing or bid-rigging behavior resulted in $1.861 billion in criminal...more

The Over-Criminalization of Regulatory Compliance

The Supreme Court is about to send another shockwave in criminal law. No one suspected that the Roberts Supreme Court would become a pro-defendant court but with the support of some conservative justices, the tide against...more

Conviction of First Foreign Official at Trial for Money Laundering Based on Underlying FCPA Bribery Scheme Upheld

Following on the heels of its landmark 2014 ruling in United States v. Esquenazi, the Eleventh Circuit has issued another important decision addressing the Foreign Corrupt Practices Act (FCPA) in a related case, United States...more

IRS Scrutinizes Captive Insurance

Every year the IRS issues a list of tax scams pertinent to that filing season. This list is commonly referred to as the (“Dirty Dozen”). The Dirty Dozen warns taxpayers of illegal tax avoidance schemes that can lead to...more

China Primer Series: Anti-Monopoly Law 2015

China’s adoption of the Anti-Monopoly Law (“AML”)is a landmark in the evolution of China's economic transformation. The AML was a carefully thought-out, negotiated, strategic development dictated by the central government, a...more

SEC – NY AG Halt Fraudulent Investment Scheme

The SEC teamed last week with the New York AG to halt an on-going investment fund fraud run by a Pakistani citizen residing in New York. The SEC obtained a freeze order. The NY AG filed criminal charges and arrested the...more

Corporate and Financial Weekly Digest - Volume X, Issue 6

In this issue: - SEC Publishes Rules for Reporting Security-Based Swaps - SEC Proposes Rules for Disclosure of Companies’ Hedging Policies - CFTC Extends Relief From Certain OCR Requirements - NFA...more

What’s Missing from the Dialogue around FCPA Compliance Training?

The past few weeks have brought a slew of high-profile bribery cases. If you’re tired of reading about Alstom, Avon and Wal-Mart, you can read about Sony’s India operations and the Navy scandal. The Wall Street Journal has a...more

Global Cartel Practice: Accused in Canadian Price-Fixing Investigation Have a Right to Information Obtained Under the Competition...

On February 4, 2015, the Ontario Superior Court of Justice ruled in R. v. Nestle Canada Inc., that accused parties have a right to information proffered to the Canadian Competition Bureau during the course of a price-fixing...more

"France's Double-Trial System for Market Abuses May Be Headed for Reform"

In 2015, the French double-trial system for market abuses will be referred to the Constitutional Council for an assessment of the system’s constitutionality under the double jeopardy rule (or, using the Latin maxim, the ne...more

Court of Justice of the European Union Rejects the Appeal of Italian National Extradited to the United States for Price-Fixing...

On February 9, the Court of Justice of the European Union made public its January 28, 2015 order rejecting the appeal of Mr. Romano Pisciotti, an Italian national who was extradited from Germany to the United States in April...more

January FCPA Enforcement Digest – FCPA Compliance Training Top Priority in 2015

With as much FCPA activity as we saw in December, I thought our January news digest might take on a different flavor. I was wrong – January brought a slew of new FCPA-related stories. ...more

Top Ten International Anti-Corruption Developments for January 2015

This installment of MoFo’s Top Ten International Anti-Corruption Developments highlights important Department of Justice (DOJ) personnel changes, an increase in government resources being dedicated to FCPA enforcement...more

New Year, New Focus on Enforcement: The U.K. Strengthens Anti-Bribery and Corruption Enforcement

U.K. regulators have started 2015 with a bang, promising increased cooperation among regulatory agencies, and tougher enforcement of financial crimes, with an emphasis on anti-bribery and corruption efforts....more

Ethics Are Contagious: It Isn’t Just About the FCPA

I work in the corporate compliance field – land of concern about potential FCPA violations. After the DOJ/SEC collected approximately $1.5 billion in criminal fines, an all-time record for yearly FCPA settlement amounts, CCOs...more

Bridging the Week - February 2015

CFTC Commissioner Laments Flawed US Swaps Trading Model - J. Christopher Giancarlo, the newest commissioner of the Commodity Futures Trading Commission, published a white paper that severely criticized the Commission’s...more

The 1st FCPA Case Of 2015

The U.S. Department of Justice wasted no time announcing its first Foreign Corrupt Practices Act case of 2015. On Jan. 6, 2015, just two days into the first full week of the new year, Dmitrij Harder, the former owner and...more

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