Bribery, FCPA | JD Supra Law News

Lessons from Ralph Lauren: Designing Better Ways to Manage Third Party Risk

by NAVEX Global on 5/21/2013

Trying to avoid the unusually strict import controls in Argentina and facilitate faster clearance of its products through customs, a subsidiary of Ralph Lauren Corp. was found to have bribed local officials between 2005 and...more

PEMEX Files Suit to Recover $160 Million in Bribery Case

by Marta Colomar, Carlos Gonzalez | Michael Diaz Jr. - Diaz Reus International... on 5/20/2013

Mexican state oil company Pemex has filed a lawsuit in New York seeking to recover nearly $160 million from Germany's Siemens and South Korea's SK Engineering & Construction Co. Ltd. in a global bribery case, a law firm...more

International Bribery Charges Against Broker-Dealer Employees Result From SEC Exam

by BuckleySandler LLP on 5/14/2013

On May 7, the DOJ charged two employees of a U.S. broker-dealer and a senior official in Venezuela’s state economic development bank for their alleged roles in what the DOJ describes as a “massive international bribery...more

Unprecedented FCPA Wake-Up Call for U.S. Broker-Dealers and Foreign Banks: Has the Perfect FCPA Storm Finally Arrived for U.S....

by John Goselin, Mauro Wolfe | Duane Morris LLP on 5/14/2013

On May 7, 2013, the U.S. Attorney's Office for the Southern District of New York (SDNY) unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan...more

In FCPA Enforcement Sometimes Truth Is Stranger Than Fiction – The Cilnis Complaint

by Thomas Fox on 5/13/2013

I often marvel at some of the stories which come up in the context of Foreign Corrupt Practices Act (FCPA) investigations and enforcement. If you made up some of the things which are reported, I fear that people might find...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - May 10, 2013

by BuckleySandler LLP on 5/13/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY -...more

Global Connection - May 2013: DOJ Investigation of a Media Company Shows that FCPA Is Best Viewed Broadly; Sting Operations Will...

by Sara J. Agne | Snell & Wilmer L.L.P. on 5/8/2013

The news this month that the FBI will continue to use sting operations to net Foreign Corrupt Practices Act (FCPA or the Act) violators only serves to emphasize that the FCPA is best viewed broadly. The net cast by the...more

FCPA Prosecutions Against Individuals? Check Out April

by Thomas Fox on 4/30/2013

One of the oft-heard criticisms of the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) is the lack of individual prosecutions under the Foreign Corrupt Practices Act (FCPA). That may well be on its...more

SDNY Imposes Second Highest Penalty Under Foreign Corrupt Practices Act

by Tenley Mochizuki, Emily Stern | Katten Muchin Rosenman LLP on 4/30/2013

The US District Court for the Southern District of New York recently ordered Uriel Sharef, a former Siemens AG board member and German citizen accused of bribing Argentine government officials, to pay a $275,000 civil penalty...more

Using Bribery And Corruption To Steal Business – A Thyestean Feast?

by Thomas Fox on 4/24/2013

Not much beats the ancient Greek House of Atreus for dramatic gore: infanticide, patricide, fratricide, filicide, matricide, cannibalism, incest and about every other horror which can befall one family occurs in the various...more

Ralph Lauren Escapes FCPA Problems with Minimized Damage

by David Smyth | Brooks Pierce on 4/23/2013

Often, enforcement officials at the SEC and the Justice Department express their wish that securities law violators own up to their (mis)conduct as soon it comes to light. That is, come to the government and explain what has...more

The Danger Of FCPA “Proactive” Investigations

by Michael Volkov on 4/22/2013

The old adage – if something is too good to be true, it probably is not – applies with equal force in the world of bribery and intrigue. The recent arrest of the mining executive for obstruction of the Justice Department’s...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

New York Federal Court Holds SEC’s FCPA Enforcement Theory “Far Too Attenuated” For Jurisdiction

by BuckleySandler LLP on 3/1/2013

On February 19, the U.S. District Court for the Southern District of New York held that the SEC’s allegations of personal jurisdiction over a former CEO of Siemens’ Argentinian subsidiary – a German citizen with no direct...more

Limiting The FCPA’s Reach — Squaring Two Recent Decisions

by Michael Volkov on 2/28/2013

You can always count on the FCPA paparazzi. When things are quiet in the FCPA world, they will take a mountain and turn it into a molehill. They have nothing better to write about; they have nothing better to focus on then...more

What Enforcement Actions Based On Distributor Conduct Teach About Improving FCPA Compliance Programs

by Thomas Fox on 2/27/2013

Ed. Note-today we have a guest post by our colleague, William C. Athanas, a partner in the law firm of Waller Lansden Dortch & Davis, LLP. In the prior two posts, David Simon and myself posited different approaches to...more

Southern District of New York Ruling May Present Challenges for FCPA Defendants

by William H. Devaney, Geoffrey Garinther, Nancy Grunberg, Jan Lawrence Handzlik, Hillary Profita | Venable LLP on 2/27/2013

A recent ruling in the Southern District of New York rejected two defenses in a Foreign Corrupt Practices Act (FCPA) case, resulting in an interpretation of the law that could have damaging consequences for defendants who are...more

Two Recent Decisions Provide Rare Guidance on the FCPA’s Reach Over Foreign Nationals

by Ropes & Gray LLP on 2/27/2013

Two recent district court decisions have shed light on the reach and scope of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign nationals: SEC v. Straub and SEC v. Sharef. For companies and individuals operating...more

SDNY Favors the SEC in Foreign Corrupt Practices Act Action Involving Novel Issues of Statutory Interpretation

by Joseph E. Gallo, Emily Stern | Katten Muchin Rosenman LLP on 2/26/2013

In a case addressing an issue of first impression involving the Foreign Corrupt Practices Act (FCPA), the US District Court for the Southern District of New York adopted an expansive interpretation of the statute’s interstate...more

In What Circumstances Can Foreign Nationals Be Held Liable for Violating The Foreign Corrupt Practices Act?

by Michael Gilbert, Darla Woodring | Dechert LLP on 2/25/2013

In the last two weeks, in two separate SEC enforcement actions, judges in the United States District Court for the Southern District of New York issued rulings addressing when the United States Securities and Exchange...more

District Court Decision Limits the Extraterritorial Reach of the FCPA

by Benjamin D. Klein, George J. Terwilliger III | Morgan Lewis on 2/25/2013

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

Distributors Should Be Analyzed As Any Other Third Party Representative in the Sales Chain

by Thomas Fox on 2/25/2013

Ed. Note-David Simon is a partner at Foley and Lardner and Bill Athanas is a partner at Waller Lansden Dortch & Davis, LLP. Both have practices which include FCPA compliance. After my recent post on distributors under the...more

The 2012 Global Employer: Highlights of Littler's Fifth Annual Global Employer Institute

by Littler on 2/22/2013

In this report: - I. Sustainable Innovations for a Changing Global Workforce - II. Forging a Global HR Team to Align with a Global Business: Transparency and Integration - III. Developing an Effective Global...more

Increased Risk of FCPA Prosecution of Foreign National Executives of U.S. Issuers: Recent Court Decision Allows Open-Ended Statute...

by Anthony D. Mirenda, Gare Smith | Foley Hoag LLP on 2/19/2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act ("FCPA”). The decision from the federal district court in New York denied...more

Doing Business In Italy - Step Up Your FCPA Compliance Now

by Thomas Fox on 2/18/2013

Former Italian Prime Minister Silvio Berlusconi is no stranger to scandal and controversial statements, but lately his words and actions seem to be providing cause for concern outside of the European Union....more

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Bribery › The Foreign Corrupt Practices Act