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Judge Denies Firtash Motion To Dismiss And In Doing So Disagrees With Second Circuit’s Hoskins Decision

June 26, 2019

As highlighted in this prior post, in 2014 the DOJ criminally charged various individuals alleging a wide ranging conspiracy to bribe Indian officials to secure mining licenses. Among those charged was Dmitry Firtash, a high-profile Ukrainian businessman.

As highlighted in prior posts here and here, in May 2017 Firtash (and later a co-defendant Andras Knopp) filed motions to dismiss.

Recently, in this opinion U.S. District Court Judge Rebecca Pallmeyer denied the motion to dismiss and as highlighted below, in doing so, disagreed with the Second Circuit’s August 2018 decision in U.S. v. Hoskins (see here and here for prior posts).

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The Underwhelming Walmart Enforcement Action

June 25, 2019

Last week Walmart resolved its long-standing Foreign Corrupt Practices Act scrutiny by agreeing to pay approximately $283 million to the DOJ/SEC (see here and here for prior posts).

$283 million is $283 million.

However, as highlighted in this post (a post informed by FCPA practice experience including conducting FCPA internal investigations around the world and having read and analyzed every FCPA enforcement action in the 40+ year history of the FCPA), the actual allegations / findings in the enforcement action are truly underwhelming and bear little resemblance to the “bribery” and “corruption” headlines that have been written by various media outlets in recent days.

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Issues To Consider From The Walmart Enforcement Action

June 24, 2019

This prior post went in-depth into the long-awaited Walmart Foreign Corrupt Practices Act enforcement action in which the company agreed to pay the DOJ/SEC approximately $283 million. This post highlights additional issues to consider from the enforcement action.

Timeline

Walmart was under FCPA scrutiny since approximately mid-2011. Thus, from start to finish its FCPA scrutiny lasted an unconscionable approximate 8 years. There is simply no excuse for this and the DOJ/SEC have long-recognized the issues associated with long-drawn out investigations.

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Registration Opens For The FCPA Institute – Boston (Oct. 3-4)

June 23, 2019

Last week professionals from all over the country and from leading firms and companies came to Minneapolis to elevate their Foreign Corrupt Practices Act knowledge and practical skills at the FCPA Institute – Minneapolis hosted by Dorsey & Whitney.

The next stop for the FCPA Institute is Boston on October 3-4 in an event hosted by K&L Gates.

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This Week On FCPA Professor

June 22, 2019

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

As highlighted here, approximately 7.5 years after disclosing FCPA scrutiny, Walmart FINALLY resolves an FCPA enforcement action by agreeing to pay approximately $282 million.

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