Tag Archives: FCPA

CFTC signals intention to focus on foreign corrupt practices investigations

On March 6, 2019, the U.S. Commodity Futures Trading Commission’s (the “Commission” or “CFTC”) Enforcement Division published an advisory (the “Advisory”) which discussed the implications of self-reporting and cooperation for violations of the Commodity Exchange Act (“CEA”) that involve foreign corrupt practices. The Advisory marks the first time the CFTC has expressed its intention to … Continue Reading

SFO Sweeping the Focus to Construction and Energy Industries

In a recent speech, David Green, the Director of the Serious Fraud Office (SFO) stated that the agency would adopt a “sweep” approach, focusing on specific industries, to identify businesses which might be breaking the law. The SFO has made it clear that its anti-bribery investigations are focused on the construction and energy industries. Most … Continue Reading

Regulatory Round Up 3.13.12

Home prices are expected to drop in 2012, which is great unless you just bought your first house. The Comprehensive Contingency Contracting Reform Act of 2012 is looking to beef up congressional oversight of federal contracts. Kneel before the power of the purse! The FCPA Professor gives his take on Transparency International – UK’s Deterring … Continue Reading

Following jurisdictional victory for UK citizen, FCPA Africa Sting case ends in mistrial

This post was also written by Leonard E. Hudson. The Department of Justice suffered a “stinging” setback to its widely touted FCPA Africa Sting prosecution late last week when the first of four anticipated trials based upon its most aggressive Foreign Corrupt Practices Act investigation to date ended in a mistrial. The jury deadlocked after … Continue Reading

Jury Finds Company and Executives Guilty in FCPA Trial

In a stunning jury verdict following a five-week trial, a California federal jury took just one day to find a privately-held company and two of its senior officers guilty on all counts of violating the Foreign Corrupt Practices Act (“FCPA”). The verdict against Lindsay Manufacturing Company (“Lindsay Manufacturing”), a manufacturer of electrical transmission towers, is … Continue Reading

When Ambiguity Can Mean Criminal Indictment: the FCPA and the Case of Establishing the Elements

This post was written by Anne E. Borkovic. As everyone can cite, the Foreign Corrupt Practices Act (“FCPA”) in part prohibits offering or providing anything of value to a foreign official to obtain or retain business. But what does that mean in practice? Two federal courts are grappling with defining “foreign official” and, in turn, … Continue Reading

Regulatory Round Up 1.7.11

*Attention* government contracts attorneys: If your friends and loved ones stare blankly at you when you explain what it is you do, it turns out they are not the only ones who are confused. Check out this amusing breakdown of confused experts. New Year, new Congress, new rumblings about government fraud . An attorney involved … Continue Reading

Curtain Drops (For Now) on First Hollywood Couple Charged with FCPA Violations

This post was written by Joelle E.K. Laszlo. While it’s usually good to be the first to do something in Hollywood, it is decidedly not good when that something is violate the Foreign Corrupt Practices Act (“FCPA”). Former power couple Gerald and Patricia Green are learning that lesson the hard way, as they spend the … Continue Reading

Regulatory Round Up 12.16.10

Around this time of year many people look forward to the ringing of bells. Bryan Rahija wants your help in ensuring that we have year-round blowing of the whistles. If the estate tax was called the death tax, would we all try to live a little healthier? (It’s the holidays – I’ll make and break … Continue Reading

Regulatory Round Up 11.04.10

I bet you think pretty highly of yourself. I know I do … come on, I’m a lawyer! (Please insert stereotypical lawyer joke here – put a good one in the comments if you dare). From time to time, I’m “gently” reminded that not all of my accomplishments are oh-so noteworthy. As my brother used … Continue Reading

Regulatory Round Up 10.28.10

After the roaring success of the first Round-up (remember when I gave it the cool nickname) we are back for round two. Here is a quick jog around the regulated legal world. Have you ever known a professor who didn’t love golf? I didn’t think so. Have you ever been able to get a lawyer … Continue Reading

More Politicizing of the Debarment Rules as House Passes Legislation to Debar Contractors Who Violate FCPA

This post was written by Lorraine M. Campos and Keith D. Coleman. On September 15, 2010, the House unanimously passed H.R. 5366, referred to as the “Overseas Contractor Reform Act (the “Act”)”. The Act would amend federal law to require that any individual, partnership, or corporation found to be in violation of the Foreign Corrupt … Continue Reading