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Friday Roundup

January 19, 2018

Scrutiny alerts and updates, ripple, and the emerging global facade of enforcement. It’s all here in the Friday roundup.

Scrutiny Alerts and Updates

Amway

Multilevel marketing companies Avon and Nu Skin Enterprises previously resolved FCPA enforcement actions concerning conduct in China. (See here, here, here, here and here for prior posts). Multilevel marketing companies USANA and Herbalife are currently under FCPA scrutiny for its business practices in China.

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FCPA Challenge

January 18, 2018

How much do you know about the Foreign Corrupt Practices Act? Let’s find out.

To commemorate the FCPA’s 40th year, FCPA Professor is presenting the FCPA Challenge.

Each Thursday during 2018, a question will be posed and the answer will be below the fold.

This week’s question is: in September 2009, this husband and wife duo were found guilty by a federal jury of FCPA and related offenses in connection with a bribery scheme involving film festival contracts in Thailand.

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DOJ Individual Actions: The Strange Public – Private Divide

January 18, 2018

This recent post highlighted certain facts and figures regarding the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2017 and historically.

As highlighted in the prior post, DOJ FCPA individual enforcement actions are significantly skewed by a small handful of enforcement actions and the reality is, despite the DOJ’s rhetoric, 77% of DOJ corporate enforcement actions since 2006 have not (at least yet) resulted in any related DOJ FCPA charges against company employees.

Another very interesting and significant picture emerges when analyzing actual DOJ individual FCPA prosecutions based on whether the individual charged was employed by or otherwise associated with an issuer or a private business organization.

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Registration Opens For The FCPA Institute – Nashville (May 3-4)

January 17, 2018

Last week professionals from all over the world and from leading firms and companies came to Phoenix to elevate their Foreign Corrupt Practices Act knowledge and practical skills at the FCPA Institute – Phoenix hosted by Bryan Cave.

The next stop for the FCPA Institute is Nashville on May 3-4, 2018 in an event hosted by Bass, Berry & Sims.

Since 2014, the FCPA Institute has elevated the FCPA knowledge and practical skills of approximately 200 diverse professionals through active learning and this link introduces you to the FCPA Institute; how the FCPA Institute is different than other FCPA conferences; the substantive knowledge and practical skills participants will gain by attending the FCPA Institute; and what prior FCPA Institute “graduates” have said about their experience.

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A Focus On DOJ Individual Actions

January 17, 2018

This recent post focused on SEC individual FCPA actions in 2017 and historically and this post highlights certain facts and figures concerning the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act violations in 2017 and historically.

As highlighted numerous times on FCPA Professor over the past several years, the DOJ frequently talks about the importance of individual criminal prosecutions. In 2017, DOJ officials stated: “The DOJ is committed to holding  individuals accountable for criminal activity.” “Effective deterrence of corporate corruption requires prosecution of culpable individuals.  We should not just announce large corporate fines and celebrate penalizing shareholders.”

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