News & Analysis as of

Foreign Corrupt Practices Act (FCPA) Conspiracies

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – January 2023

Russia - Former Special Agent in Charge of the FBI New York Counterintelligence Division Charged with Violating U.S. Sanctions on Russia (DOJ) Those involved. Charles McGonigal, former Special Agent in Charge of the FBI...more

BCLP

Fallout from the Glencore resolutions & lessons learned

BCLP on

On 24 May 2022, Glencore International AG announced a series of coordinated resolutions with various international enforcements agencies including the Department of Justice (”DOJ”), the Commodity Futures Trading Commission...more

ArentFox Schiff

Investigations Newsletter: First Circuit Upholds Whistleblower Retaliation Verdict (hold for Monet)

ArentFox Schiff on

False Claims Act Legal Developments - First Circuit Upholds Whistleblower Retaliation Verdict - On December 9, 2020, the US Court of Appeals for the First Circuit held as a matter of first impression that “the...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ and SEC Issue Second Edition of the FCPA Resource Guide

On July 3, 2020, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) jointly released the second edition of the “Resource Guide to the U.S. Foreign Corrupt Practices Act,” which was...more

Foley & Lardner LLP

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

Foley & Lardner LLP on

...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

Cozen O'Connor

Jury Finds Executive Acted As An Agent, Giving DOJ New Leverage To Pursue Foreign Nationals

Cozen O'Connor on

On Friday, November 8, 2019, a jury convicted British citizen Lawrence Hoskins of one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), six counts of violating the FCPA, one count of conspiracy to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

Dorsey & Whitney LLP

The FCPA and Foreign Nationals

Dorsey & Whitney LLP on

Despite the fact that the Foreign Corrupt Practices Act has been in force for decades there is relatively little case law interpreting its provisions. A great deal of the existing interpretation of the Act stems from...more

McDermott Will & Emery

Hoskins: The Second Circuit Rejects Broad Use of Conspiracy under the FCPA

McDermott Will & Emery on

On August 24, 2018, the US Court of Appeals for the Second Circuit held in United States v. Hoskins that a foreign national who does not otherwise fall under “the categories of persons directly covered” by the FCPA cannot be...more

A&O Shearman

Second Circuit Limits Extraterritorial Application of FCPA

A&O Shearman on

On August 27, 2018, a three-judge panel of the Second Circuit limited the extraterritorial application of the Foreign Corrupt Practices Act (“FCPA”), holding the statute does not apply to foreign nationals who commit crimes...more

Manatt, Phelps & Phillips, LLP

Second Circuit Knocks Out FCPA Conspiracy Charge Against Foreign National

Over the years, the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded beyond U.S. issuers and domestic concerns to cover foreign companies and foreign individuals. The Department of Justice and the U.S. Securities and...more

WilmerHale

Second Circuit Limits Government's Ability to Prosecute Foreign Persons and Companies for Conspiracy to Violate the FCPA

WilmerHale on

On August 24, 2018, the United States Court of Appeals for the Second Circuit issued a significant ruling regarding the reach of the U.S. Foreign Corrupt Practices Act (FCPA) over foreign companies and individuals in United...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2018

King & Spalding on

Introduction - Recent actions involving conduct in Asia highlight the increasing complexity and global coordination of anti-corruption efforts. Though large settlements with Odebrecht and Braskem in 2016 have kept the...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - October 2017

ANTICORRUPTION DEVELOPMENTS – Global Compliance Overhaul for SAP as DOJ and SEC Investigate Payments Allegedly Related to South African Government Contracts – On October 26, 2017, German software company SAP SE...more

Foley & Lardner LLP

SEC Whistleblower Program May Be Facing Congressional Cutback

Foley & Lardner LLP on

According to a memo circulating amongst Republican-party leaders as of February 13th, Republicans in the House of Representatives are planning to propose a significant curtailment of the U.S. Securities and Exchange...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - October 2016

ANTICORRUPTION DEVELOPMENTS – DOJ Issues First-Ever Declinations Requiring Disgorgement of Profits to Resolve FCPA Violations - On September 29, 2016, the Department of Justice (DOJ) for the first time announced...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - July 2014

Welcome to the July 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, two Noble Corporation executives settle with the U.S. Securities and Exchange...more

Thomas Fox - Compliance Evangelist

Travel Act Prosecutions Under The FCPA

Last week I was in Miami and part of the discussion was over the Esquenazi appeal and Direct Access Partners (DAP) enforcement actions; both based upon violations of the Foreign Corrupt Practices Act (FCPA). In the DAP...more

The Volkov Law Group

FCPA Criminal Liability: Follow George Costanza’s Advice – Do The Opposite

The Volkov Law Group on

One of my favorite Seinfeld episodes is “The Opposite” when George decides to do the opposite of his natural inclination, and lo and behold, his life suddenly approves....more

Katten Muchin Rosenman LLP

Total Settles FCPA Bribery Claims for $398M

On May 29, French oil and gas company, Total SA, agreed to pay $398 million to settle US civil and criminal allegations that it paid bribes to win oil and gas contracts in Iran in violation of the Foreign Corrupt Practices...more

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