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78 Year Old German National Pleads Guilty In Connection With Argentine Bribery Scheme That Largely Occurred Approximately 20 Years Ago

March 23, 2018

As highlighted in this prior post, in December 2011 the DOJ criminally charged several former Siemens’ executives and agents in connection with a relatively small prong of Siemens’ overall massive bribery scheme that was resolved in 2008 for a still-record setting $800 million overall settlement amount.

The relatively small prong involved an Argentine national-identify card project and the following individuals were charged for conduct that allegedly occurred between 1996 and 2009: Uriel Sharef, Herbert Steffen, Andres Truppel, Ulrich Bock, Stephan Signer, Eberhard Reichert, Carlos Sergi and Miguel Czysch.

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Friday Roundup

March 23, 2018

Scrutiny alerts and updates, just plain silly, #precisionmatters, and for the reading stack. It’s all here in the Friday roundup.

Scrutiny Alerts and Updates

Societe Generale

As highlighted in this 2014 post, Societe Generale, among other companies, has been under FCPA scrutiny regarding its dealings with Libya’s government-run investment fund. The French financial services company recently disclosed:

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FCPA Challenge

March 22, 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: this company employed David Kay and Douglas Murphy (individual defendants in a notable FCPA enforcement action that resulted in a Fifth Circuit decision) and itself resolved an SEC FCPA enforcement alleging conduct in Haiti.

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Yet Again, The Supreme Court Rejects The DOJ’s Overly Expansive Interpretation Of A Criminal Law

March 22, 2018

Today’s post is very similar to this post from last month. In other words, yet another post (see here and here for prior posts) generally regarding the topic “if only the Supreme Court accepted the “foreign official” challenge” in 2014.

In a statutory interpretation case released yesterday that was very similar to the statutory interpretation issues in the “foreign official” challenge, the Supreme Court in a 7-2 opinion authored by Justice Breyer once again rejected the DOJ’s overly expansive interpretation of a criminal law.

As stated by the opinion, the issue presented in Marinello v. U.S. was: “A clause in §7212(a) of the Internal Revenue Code makes it a felony “corruptly or by force” to “endeavo[r] to obstruct or imped[e] the due administration of this title.” 26 U. S. C. §7212(a). The question here concerns the breadth of that statutory phrase. Does it cover virtually all governmental efforts to collect taxes? Or does it have a narrower scope?”

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FCPA Flash – A Conversation With Gregory Paw And Sandra Orihuela Regarding The Broader Ramifications Of The Odebrecht Enforcement Action

March 21, 2018

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Gregory Paw (Pepper Hamilton) and Sandra Orihuela (Orihuela Abogados – Lima, Peru and Miami). As highlighted in this prior post, in December 2016 the DOJ and SEC brought (in addition to other law enforcement authorities around the globe) an enforcement action against Brazilian companies Odebrecht/Braskem. In the podcast Paw and Orihuela discuss the broader ramifications of the Odebrecht enforcement in South America and Latin America and compliance trends in these regions in the aftermath of the notable enforcement action.

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