Do you think that your corporate Foreign Corrupt Practices Act (“FCPA”) settlement with the U.S. Department of Justice (“DOJ”) has given you some certainty and finality? Not so fast....more
As 2018 came to an end, a voluntary disclosure to the U.S. Department of Justice ("DOJ") and the Securities and Exchange Commission (“SEC”) by U.S.-based agribusiness, CHS, Inc. (“CHS”), of potential violations of the Foreign...more
Note from the Vice Chair -
Happy fall! As the seasons change, so do the issues confronting the maritime industry...or not. Over the past few years, several topics have consistently remained in the headlines and as a thorn...more
10/12/2018
/ Coast Guard ,
Cybersecurity ,
Department of Justice (DOJ) ,
Federal Arbitration Act ,
Foreign Corrupt Practices Act (FCPA) ,
Imports ,
Maritime Transport ,
Ports ,
Shipping ,
Tariffs ,
Trump Administration ,
USTR ,
Vessels
In 2012, Donald Trump called the Foreign Corrupt Practices Act (“FCPA”) “ridiculous” and a “horrible law” that made it more difficult for U.S. companies to compete abroad. While President Trump’s private thoughts on the FCPA...more
A high-level U.S. Department of Justice (“DOJ”) official recently stated that a Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy, which incentivizes self-disclosure, also applies to U.S. companies merging...more
Welcome to the spring edition of our White Collar Watch. Hopefully by the time you are reading this, winter’s storms (finally?) are behind us.
2018 has gotten off to a busy start for our practice and attorneys. We look...more
5/1/2018
/ Anti-Corruption ,
Anti-Money Laundering ,
Certiorari ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
False Claims Act (FCA) ,
Financial Institutions ,
FinTech ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
Lagos v United States ,
Qui Tam ,
Recordkeeping Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC)
On February 14, 2018, another major financial institution disclosed that it is under investigation for possible violations of the Foreign Corrupt Practices Act (“FCPA”). This disclosure comes at a time when the Department of...more
The U.S. Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") issued 15 declination letters in 2017 notifying companies of their decision not to pursue charges in connection with alleged violations...more
Note from the Maritime Industry Team -
Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more
10/17/2017
/ Coast Guard ,
Congressional Review Act ,
Customs and Border Protection ,
Cyber Attacks ,
Cybersecurity ,
Foreign Corrupt Practices Act (FCPA) ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Maria ,
Jones Act ,
Maritime Transport ,
Risk Management ,
Shipping ,
Shipping Cargo ,
Trump Administration ,
Vessels
Welcome to the summer edition of Blank Rome’s White Collar Watch. In a world that seems to bring new challenges daily—such as the global cybersecurity attacks that were launched in late June—this newsletter is designed to...more
7/25/2017
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
Compliance ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Money Laundering ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
The single most frequently asked question by our international clients over the past several months is whether there will be changes in white collar prosecution priorities under the new administration, specifically with...more
Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more
6/20/2017
/ Anti-Corruption ,
Antiboycott Requirements ,
Arbitration ,
Coast Guard ,
Customs and Border Protection ,
Export Administration Regulations (EAR) ,
Foreign Corrupt Practices Act (FCPA) ,
International Arbitration ,
Jones Act ,
Punitive Damages ,
Vessels
Action Item: Last week’s Supreme Court of the United States decision in Kokesh v. SEC will significantly limit the Securities and Exchange Commission’s (“SEC”) ability to collect disgorgement for violations of the Foreign...more
Any company doing business abroad is subject to the long reach of the Foreign Corrupt Practices Act (“FCPA”). Small or privately-held companies, just like large or public companies, are subject to the criminal specter of the...more
As the July 1, 2016, effective date for the SOLAS Regulation VI/2 amendments quickly approaches, unanswered questions and difficulties complying with varied international and domestic implementations loom large. In an effort...more
6/15/2016
/ Chapter 11 ,
Coast Guard ,
Debtors ,
Department of Justice (DOJ) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Joint Comprehensive Plan of Action (JCPOA) ,
Maritime Transport ,
Self-Reporting ,
Shipping Cargo ,
Vessels
Action Item: On April 5, 2016, the U.S. Department of Justice (“DOJ”) issued a memorandum laying out a one-year pilot program designed to offer mitigation credit to companies that voluntarily disclose Foreign Corrupt...more
Action Item: The Securities and Exchange Commission’s enforcement action against Goodyear Tire & Rubber Company and its investigation of Mondelez International provide key lessons to U.S. companies seeking to acquire foreign...more
3/11/2015
/ Books & Records ,
Bribery ,
Corporate Counsel ,
Disgorgement ,
Due Diligence ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Entities ,
Foreign Subsidiaries ,
Goodyear ,
Internal Controls ,
Popular ,
Securities and Exchange Commission (SEC) ,
Settlement
Action Item: In November 2014, the United States Department of Justice issued an Attorney General Opinion with respect to the enforcement of the Foreign Corrupt Practices Act. ...more
On October 6, 2014, the United States Supreme Court declined to accept an appeal involving violations of the Foreign Corrupt Practices Act (“FCPA”)—the U.S. statute that criminalizes the bribing of foreign officials. The...more
10/22/2014
/ Appeals ,
Bribery ,
China ,
Criminal Prosecution ,
Foreign Corrupt Practices Act (FCPA) ,
GlaxoSmithKline ,
Hospitals ,
Instrumentality ,
Law Enforcement ,
Pharmaceutical Industry ,
Physicians ,
SCOTUS ,
Strategic Enforcement Plan ,
Teleco ,
UK ,
US v Esquenazi
On July 28, 2014, Smith & Wesson Holding Corp. (“Smith & Wesson”), the firearms manufacturer based in Springfield, Massachusetts, agreed to resolve charges brought by the Securities and Exchange Commission (“SEC”) for...more