Government Officials

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California Attorney General Offers Guidance on Scope of Government Code Section 1090

Pair of Recent Opinions Clarifies Conflict-of-Interest Statute - California Attorney General Kamala Harris recently issued two opinions illuminating the scope of Government Code section 1090, the powerful and...more

FPPC Goes on Offense to Identify and Fine Gift Reporting Failures

"Pro-Active" Approach Already Resulted in Fines for Public Officials - The Fair Political Practices Commission has initiated a proactive approach to auditing and investigating gift reporting failures by government...more

Post-Employment Rules and Restrictions for Former Federal Government Officials

Thinking of hiring a former federal government official? Better know the post-employment rules and restrictions: Lifetime Ban - Former Executive Branch Employees and Officials may not "switch sides" in relation to a...more

Myth No. 8: We can treat government customers the same as commercial ones

Over the last 20 years or so, the Government contracts sector has seen countless new entrants. Many of these newcomers are experienced commercial-sector concerns that have decided to give the Government a try. Others are just...more

So You Want to See Messi, Neymar, Ronaldo, and Xavi: Brazil Issues Directive Barring Government Officials From Receiving World Cup...

Earlier today, the Office of the Comptroller General in Brazil, Controladoria-Geral da União (“CGU”), issued a sweeping directive barring government officials from accepting offers to attend or participate in the upcoming...more

Ten myths of government contracting: Myth No. 3: The contracting officer isn’t really our customer

One of the most significant differences between commercial contracting and Government contracting is the presence and importance of a person called the “Contracting Officer.” There is really no commercial equivalent of the...more

Miners Triumph And Opinion Release 14-01

On this date in 1966, the Texas Western University (now UTEP) Miners won the NCAA Basketball Championship, beating the University of Kentucky Wildcats. Now the first round has not even started by March 19, but it is not the...more

How to Identify “Government Officials” Under the FCPA Utilizing Compliance Training Online

How to Identify “Government Officials” Under the FCPA Utilizing Compliance Training Online is Part 3 in a 3-Part FCPA Training blog series. - Who counts as a “Government Official” under the FCPA? In a law with such...more

Joan Fontaine And The Evolution Of Compensation Issues In A Compliance Program

Compliance programs evolve just as the thinking on best practices has changed over the past few years. One of the areas that has not received as much attention in compliance programs is the amount of compensation paid to...more

Risk-based due diligence of third-party intermediaries: a scorecard approach

Companies operating internationally often engage numerous – sometimes even thousands – of third parties around the world to help facilitate their business. Alongside the growth of such relationships, the risks posed by them...more

Canada's First Foreign Bribery Conviction Shows Trend in Increased Enforcement

On August 15, 2013, the Ontario Superior Court found Canadian national Nazir Karigar guilty of conspiring to offer a bribe to Indian government officials under the Corruption of Foreign Public Officials Act (“CFPOA”). The...more

Early Lessons from GSK’s China Bribery Investigation

Earlier this week, GlaxoSmithKline PLC (GSK) said that some executives may have breached Chinese law. Chinese officials had previously released details of their bribery allegations against GSK and detained four of the...more

The Glaxo-China Bribery Scandal: A New Policeman Walks The Beat

When it comes to allegations of foreign bribery, what a difference a week can make. Just over ten days ago, a new player in the world of international bribery – the Chinese Ministry of Public Security – announced that it was...more

In the Crossfire Why Private Equity Firms, Investment Funds & Their Managers Should Beware of the Foreign Corrupt Practices Act

Lance Armstrong and the world of competitive cycling has come under great scrutiny in recent days with the domination of the U.S. Postal team now undermined by the systematic doping that appears to have helped spur the team...more

CalPERS Officials Travel The World Despite Executive Order

Two years ago and in light of a daunting structural budget deficit, Governor Jerry Brown issued Executive Order B-06-011. His order banned both in-state and out-of-state travel by government agencies unless it was “mission...more

New Article Pushes the Revolving Door

I’ve always been a little skeptical of general complaints about the “revolving door” between government service and employment in the private sector. As applied to the SEC, the complaint goes that low-paid government workers...more

Travel And Corruption Issues In China

Ed. Note-last month Eric Carlson had a three blog post in the FCPA Blog where he discussed travel risks and corruption in China. In any country, paying for travel for government officials, customers at state-owned...more

Don’t Claim It Is Legal To Bribe Another Government’s Representatives – Especially In China

Last week a guest blog post in the FCPA Blog by Ernesto Sanchez, entitled “What’s good for reciprocity may be bad for FCPA prosecutions”, implied that the US District Court’s ruling when it “vacated an SEC Dodd-Frank rule...more

The Stock Act, Political Intelligence, and Traps for the Unwary

Last year, Congress wrote and President Obama signed into law the Stop Trading on Congressional Knowledge Act of 2012 (the STOCK Act). When the law was enacted, Members of Congress, their staffs, and Executive Branch...more

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

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

Internal Audit Review of Charitable Donations Under the FCPA

When is a rose not a rose? When it is a charitable donation not made for philanthropic purposes and it violates the Foreign Corrupt Practices Act (FCPA). I thought about that concept when reviewing the Eli Lilly and Company...more

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