September 24, 2018
On September 19, 2018, deferred prosecution agreements (DPAs) became available to resolve corporate offences in Canada under the Criminal Code and the Corruption of Foreign Public Officials Act.
Remediation Agreements will be available to resolve criminal charges against corporations, partnerships and other forms of business organizations without registering a criminal conviction. Remediation Agreements will be negotiated by the prosecution and the accused and are subject to judicial approval. They will typically be accompanied by the payment of penalties, restitution, implementation of compliance measures, and other terms and conditions as negotiated by the parties, including the potential appointment of corporate monitorships.
September 22, 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, the DOJ recently quietly dismissed criminal charges against Cheikh Gadio.
September 21, 2018
Question to ponder, scrutiny alerts and updates, Caremark, and for the reading stack. It’s all here in the Friday roundup.
Question to Ponder
If publicly-traded companies can put law enforcement to its burden of proof in peer countries, why do publicly traded companies (nearly universally) roll over and play dead when the subject of U.S. law enforcement inquiries?
September 20, 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: a 2015 FCPA trial against this defendant largely fell apart when the presiding judge asked the DOJ’s star witness: “did you have a hallucination”?
September 20, 2018
Call me old-fashioned, but I believe that FCPA information sources should strive to make things more clear and not muddy the conversational waters.
Yet, the FCPA Blog seems to have a knack for the later (e.g. sorry FCPA Blog, but Legg Mason did not pay $2.4 million to the SEC, but rather $34.5 million) including its posts on so-called “declinations” which are then frequently flung into the FCPA’s echo chamber.