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The FCPA Turns 41

December 19, 2018

Today our favorite statute, the Foreign Corrupt Practices Act, turns 41.

In signing the FCPA into law, President Jimmy Carter stated:

“I am pleased to sign into law S. 305, the Foreign Corrupt Practices Act of 1977 and the Domestic and Foreign Investment Improved Disclosure Act of 1977. During my campaign for the Presidency, I repeatedly stressed the need for tough legislation to prohibit corporate bribery. S. 305 provides that necessary sanction. I share Congress’s belief that bribery is ethically repugnant and competitively unnecessary. Corrupt practices between corporations and public officials overseas undermine the integrity and stability of governments and harm our relations with other countries. Recent revelations of widespread overseas bribery have eroded public confidence in our basic institutions.

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Further To The SEC’s Inconsistent Approach To Enforcing The FCPA’s Books And Records And Internal Controls Provisions

December 18, 2018

As highlighted in previous posts on this subject (herehere and here), a basic rule of law principle is consistency.

In other words, the same legal violation ought to be sanctioned in the same way. When the same legal violation is sanctioned in materially different ways, trust and confidence in law enforcement is diminished.

However, there sure does seem to be a lack of consistency between how the SEC resolves Foreign Corrupt Practices Act books and records and internal controls violations.

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A Year Of FCPA Flash Podcast Episodes

December 17, 2018

The FCPA Flash podcast was launched in February 2016 and quickly become a leading podcast devoted to Foreign Corrupt Practices Act issues. Sponsored by Kreller Group, FCPA Flash provides in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from written posts on FCPA Professor.

What makes FCPA Flash worth your listen is the roster of highly experienced guests who offer candid expert commentary on the top FCPA and related issues of the day. 2018 guests included practitioners from around the world, government officials, former federal court judges, in-house counsel, and others with unique perspectives on FCPA and related issues.

Set forth below is a summary of the 23 episodes produced in 2018 and how these episodes can elevate your FCPA knowledge, sophistication, and practical skills.

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This Week On FCPA Professor

December 15, 2018

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, Walmart’s FCPA scrutiny is now seven years old. Having FCPA scrutiny last seven years is simply unconscionable and inexcusable on any level.

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Friday Roundup

December 14, 2018

No jail time for Stevens, neither admit nor deny airball, Jorgensen to depart Walmart, scrutiny alert and ripple. It’s all here in the Friday roundup.

No Jail Time for Steven

Further to the randomness of FCPA sentences (see here for the prior post), former Embraer executive Colin Steven (who plead guilty to causing $1.5 million in bribe payments to be made by Embraer to a Saudi Official in connection with a $93 million sale as well as receiving approximately $130,000 in kickbacks) was recently sentenced to no jail time. (See here for coverage).

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