Foreign Corrupt Practices Act News

May 7, 2013

FCPA Professor | May 7, 2013
Last Friday, Acting Assistant Attorney General Mythili Raman delivered prepared remarks at a Corporate Crime Reporter sponsored conference in Washington, D.C.

May 3, 2013

Wall Street Journal | Subscription Required | May 3, 2013
Agribusiness conglomerate Archer Daniels Midland Co. said Wednesday it reserved $25 million for resolution of a probe into violations of U.S. foreign bribery law.
Wall Street Journal | Subscription Required | May 3, 2013
International Business Machines Corp. said the U.S. Department of Justice has opened a foreign bribery investigation into the company’s business in Poland, Argentina, Bangladesh and Ukraine.

May 1, 2013

FCPA Professor | May 1, 2013
As noted in this prior post, in October 2010 Judge Jackson Kiser sentenced Bobby Elkin Jr.  Elkin (the former Country Manager for tobacco company Dimon International Kyrgyzstan) pleaded guilty to a one count criminal information charging conspiracy to violate the FCPA.  Like many federal court judges before him and after him, Judge Kiser did not see the FCPA conduct at issue in the black and white terms the DOJ often portrays, but rather saw shades of gray.
Main Justice | Subscription Required | May 1, 2013
Money machine maker Diebold Inc. spent $400,000 in its first fiscal quarter on costs related to a foreign bribery investigation, the company said in a Tuesday regulatory filing.
Wall Street Journal | May 1, 2013
Avon Products Inc. slowed its spending on a foreign-bribery investigation, it said Tuesday.

April 30, 2013

WSJ.com Risk and Compliance Journal | April 30, 2013
As the Wall Street Journal detailed last week, prosecutors filed a civil-fraud lawsuit under the False Claims Act against the Swiss drug maker, which allows the U.S. to seek triple damages for fraud committed against the government. 
New York Times | April 30, 2013
The Ralph Lauren Corporation’s settlement of an investigation into whether it made illegal payments and gifts to foreign officials shows once again just how much a company’s cooperation can provide it with the benefit of a slap on the wrist by the government rather than the trumpeting of embarrassing details.

April 29, 2013

FCPA Enforcement | April 29, 2013
Much of what is written about Foreign Corrupt Practices Act enforcement these days seems to be mere carrying forward of DOJ and SEC statements, as if those comments represent a universal truth.

April 26, 2013

Main Justice | Subscription Required | April 26, 2013
Two civil defendants are calling the Foreign Corrupt Practices Act unconstitutionally vague with regard to behavior that has made them the subject of a foreign bribery lawsuit by the Securities and Exchange Commission.