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
I never figured the Oracle of Omaha to be much of a Parrot Head — they do spell their names differently. But in this piece the FCPA Compliance and Ethics Blog breaks down Warren Buffet’s Changes in Latitudes, Changes in Attitudes. Some anti-trust football analysis that isn’t related to the NFL. I know people love … Continue Reading
This post was written by Wendy Schwartz and Andrew Bernasconi. The Justice Department has once again taken aggressive action against financial institutions and mortgage lenders – this time through a False Claims Act action that seeks more than 1.1 billion dollars in damages. On Tuesday, the government filed a complaint against mortgage lender MortgageIT and … Continue Reading
After reading this article, I will no longer complain while my family gets ready to go out. Unlike the DoD, which spends approximately $31 Billion/year, I’m pretty sure I can’t fund a constant state of preparedness. Howard Sklar does some thinking out loud about the risk/reward for implementing a private sector bribery compliance program under … Continue Reading
Regular readers of the Round Up (that’s a mouthful) know that we are big fans of the FCPA Professor and his blog of the same name. What you may not know is that he is an actual professor at Butler. While no one here in Round Up headquarters has a horse left in the tournament, … Continue Reading
The waiting is over! At last the UK Ministry of Justice has published guidance about procedures which commercial organisations can put into place to prevent persons associated with them from bribing. The Act will now come into force on 1 July 2011. The guidance offers non-prescriptive procedures and commentary on the scope of the Act. … Continue Reading
This post was also written by Suzie A. Savage. It is understood that the UK Ministry of Justice will publish its guidance on adequate procedures tomorrow, Wednesday 30th March 2011. The Act was originally scheduled to be implemented in April of this year, three months after guidance was to be published in January about the … Continue Reading
Perhaps I’m not that creative, but I keep thinking that illegally exporting jet engines has to be more difficult than people think. I guess the arrests would lend credence to my belief. $ 16.2 Billion … sneak attacks … the cover of darkness. The only thing Robert Creamer’s summary of lobbying effort against the Wall … Continue Reading
This post was also written by Neil Donovan. The UK Ministry of Justice (“MoJ”) official with responsibility for managing the implementation of the Bribery Act 2010 (“Act”) provided an update on the status and content of the revised adequate procedures guidance during a speech last Thursday. The speech covered the following: Timeframe- according to the … Continue Reading
Pun Alert: Obama’s proposal for high speed trains is picking up some speed (ouch), with the help of a couple Mad Men. Headline of the Week: If BIS Can’t Understand the EAR, How Are You Supposed To? In defense of military spending. Colin Clark argues that the passage of a Continuing Resolution, and the failure … Continue Reading
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
During law school, I sort of liked having to carry a copy of Blacks Law Dictionary, it made me feel extra-smart. The distinct benefit of carrying a dictionary is that is serves as a (heavy) reminder of the importance of defining your terms. Because the FCPA doesn’t, we get to read posts like this. In … Continue Reading
Two former directors of engineering firm Mabey & Johnson received custodial sentences today, having been found guilty earlier this month of inflating the prices paid under humanitarian contracts to provide steel bridges to ensure that kickbacks of over Euros 420,000 could be paid to Saddam Hussein’s government. The directors, Charles Forsyth and David Mabey, who … Continue Reading
The Director of the Serious Fraud Office (SFO), Richard Alderman, gave a speech yesterday about the Bribery Act which touched on many practical issues and further guidance to be issued. The speech covered: Prosecution guidance – this should be issued by Mr Alderman and the UK Director of Public Prosecutions at the same time as … Continue Reading
With a title like “Tactical Secrets” I was expecting a insiders look into fly fishing for Steelhead trout . But then I realized I was reading the New York Times. Instead, this piece addresses the government’s assertion of the state-secrets privilege in General Dynamics Corp v. US. Déjà vu all over again. Nick Silver compares … Continue Reading
The implementation of the UK Bribery Act has been delayed, the UK Ministry of Justice has confirmed today. The Act was due to be implemented in April 2011, three months after guidance was to be published about the “adequate procedures” firms should have in place to prevent bribery. It was originally thought that the guidance … Continue Reading
Just once I’d like a “pilot” program to be about Top Gun. This SBA program isn’t, but it will help small businesses compete for large contracts. Ezra Klein takes a look at what it means to be pro-labor during these economic times. Here at the Round-Up we love all things in summary form — so … Continue Reading
This post was also written by Simon Hart. In advance of the much anticipated consultation in the United Kingdom on the creation of the proposed Economic Crime Agency (“ECA”), which is due to take place this spring, the Home Office announced this week that it plans to take a greater role in the fight against … Continue Reading
This post was also written by Simon Hart. On January 13, 2010, the London Evening Standard reported that Prime Minister David Cameron’s office has ordered a review of the new UK Bribery Act as a result of strong concerns expressed by UK business leaders and others about the potential adverse impact the Act might have on … Continue Reading
Since there is no Nicorette equivalent for oil addiction, Stephen Stromberg takes a hard look at the cost of reducing U.S. dependence on oil. If that doesn’t spark your interest, Stromberg also challenges his readers to accuse him of playing a role is a mysterious communist conspiracy to destroy civil rights. So the post has … Continue Reading
*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
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
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
It seems that the business sector finds the requirements of regulatory compliance to be burdensome. Who knew? Ezra Klein gets two-thirds of the way to a Clint Eastwood analysis of the financial commission’s final report. Make sure to check out his summary before Friday’s vote. I’ve stressed the importance of the Davis Bacon Act on … Continue Reading
