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Extortion Foreign Corrupt Practices Act (FCPA)

Sheppard Mullin Richter & Hampton LLP

Congress’s Recent “Technical” Amendments to the Foreign Extortion Prevention Act Change Key Aspects of the New Law

In December 2023, President Biden signed the new Foreign Extortion Prevention Act (FEPA), closing a gap in the Foreign Corrupt Practices Act (FCPA) by criminalizing the “demand side” of foreign bribery. While the FCPA...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for March 2024

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Latham & Watkins LLP

DOJ Announces New Whistleblower Program

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DOJ unveils a new whistleblower incentive program to complement the Department’s continued efforts to encourage self-reporting of criminal violations. On Thursday, March 7, 2024, US Deputy Attorney General Lisa Monaco...more

Whiteford

Client Alert: Foreign Extortion Prevention Act

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FEPA contains a broad prohibition on corrupt activity and applies to a broad category of public officials. First, FEPA makes it unlawful for any foreign official to “demand, seek, receive, accept, or agree to” receive...more

Benesch

FEPA: The latest hammer in the DOJ’s anti-bribery toolbelt

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On December 22, 2023, President Biden completed the proverbial “sandwich” against international bribery schemes by signing the groundbreaking Foreign Extortion Prevention Act (“FEPA”) into law....more

Akerman LLP

Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International...

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The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls....more

McGuireWoods LLP

The Foreign Extortion Prevention Act: Another Tool to Fight Foreign Corruption

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In recent years, the Biden Administration has been vocal that combatting foreign public corruption is a key pillar of its national security efforts.orr Consistent with those policy goals, on December 22, 2023, Congress...more

Fisher Phillips

The Long Arm of the Law Just Got Longer: 5 Things Businesses Need to Know About the Foreign Extortion Prevention Act

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U.S. companies that do business globally may need to update their compliance training to ensure employees operating in international venues understand new risks. For decades, the Foreign Corrupt Practices Act has made it...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for December 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Locke Lord LLP

The New Foreign Extortion Prevention ‎Act Augments U.S. Anti-Corruption and Anti-‎Bribery Laws and ‎Targets Demand-Side Corruption

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On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (“FEPA”) into law as part of the fiscal year 2024 National Defense Authorization Act, sweeping in a new era in U.S. anti-corruption measures....more

Lowenstein Sandler LLP

Anti-Bribery Expansion: The Foreign Extortion Prevention Act

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On December 22, 2023, President Biden signed into law the 2024 National Defense Authorization Act. This bipartisan legislation included the Foreign Extortion Prevention Act (FEPA), which enables criminal prosecution of...more

Hogan Lovells

The Foreign Extortion Prevention Act (FEPA) signed into law: What it means for companies worldwide

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On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law, revising Section 201 of Title 18 of the U.S. Code concerning bribery of government officials. This significant development...more

Skadden, Arps, Slate, Meagher & Flom LLP

Foreign Extortion Prevention Act Criminalizes Demand-Side Bribery

On December 22, 2023, President Biden signed into law the Foreign Extortion Prevention Act (FEPA) as part of the fiscal year 2024 National Defense Authorization Act. FEPA criminalizes demand-side bribery by foreign officials...more

BakerHostetler

Congress Expands DOJ’s Power to Prosecute Corruption with the Foreign Extortion Prevention Act

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Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more

K&L Gates LLP

Criminalizing the "Quo:" The New Foreign Extortion Prevention Act Targets the Demand Side of Bribery

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INTRODUCTION - On 22 December 2023, President Biden signed into law the National Defense Authorization Act (NDAA), the annual defense spending bill for 2024. Buried hundreds of pages into the NDAA is the new Foreign Extortion...more

Alston & Bird

Expanding U.S. Prosecutors’ Anti-Corruption Toolkit: FEPA Is Signed into Law

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Signed into law on December 22, 2023, the Foreign Extortion Prevention Act (FEPA) signals a further focus by the U.S. government on anti-corruption enforcement. Our White Collar, Government & Internal Investigations Team...more

Womble Bond Dickinson

The Foreign Extortion Prevention Act: Bribe-Soliciting Foreign Officials May Soon Be Subject To Criminal Penalties

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On December 14, 2023, the United States House and Senate passed the National Defense Authorization Act (NDAA), which included the Foreign Extortion Prevention Act (FEPA). This bipartisan legislation, which Senator Sheldon...more

WilmerHale

Congress Enacts the Foreign Extortion Prevention Act Targeting Foreign Officials' Conduct

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On December 14, 2023, the U.S. Congress (Congress) passed the Foreign Extortion Prevention Act (FEPA), as a part of the Fiscal Year 2024 National Defense Authorization Act. The FEPA, which received bipartisan support, makes...more

Sheppard Mullin Richter & Hampton LLP

Corrupt Foreign Leaders Now on the Hook for Bribery Charges: Congress Passes the Foreign Extortion Prevention Act

On December 14, 2023, with bipartisan support, Congress passed the Foreign Extortion Prevention Act (“FEPA”), making it a federal crime for any foreign government official to demand, receive, or agree to receive a bribe from...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for July 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Dechert LLP

DOJ Issues Rare FCPA Opinion Regarding Liability For Extortion Payment

Dechert LLP on

DOJ concluded that the company’s proposed payment would not trigger an enforcement action under the FCPA’s anti-bribery provisions because the proposed payment: (1) was not made with corrupt intent and (2) was not made to...more

Hogan Lovells

DOJ issues rare FCPA advisory opinion regarding the extortion exception

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On January 21, 2022, the Department of Justice (“DOJ”) issued a Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release (the “OPR” or “OPR 22-01”) addressing the rarely discussed extortion exception to the FCPA’s...more

Thomas Fox - Compliance Evangelist

Extortion Payments, Opinion Release 22-01 and the FCPA

Last week I wrote about the first Opinion Release for 2022, appropriately named Opinion Release 22-01. Several persons emailed me about my analysis and discussion, concluding with the point that there was no need for an...more

Thomas Fox - Compliance Evangelist

Creative Lawyerin’ and Opinion Release 22-01

Yesterday, I ended my blog post with a few words about what we call in Texas Creative Lawyerin in the context of a Securities and Exchange Commission (SEC) enforcement action where there was zero fine and penalty due to the...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for September 2021

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Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and case developments from the past month,...more

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