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Registration Opens For The FCPA Institute – Houston (March 26-27, 2020)

December 5, 2019

The next stop for the FCPA Institute (a unique two-day event for professionals seeking to elevate their Foreign Corrupt Practices Act knowledge and skills) is Houston on March 26-27, 2020 in an event hosted by King & Spalding LLP.

Since 2014, the FCPA Institute has elevated the FCPA knowledge and practical skills of approximately 250 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 gain by attending the FCPA Institute; and what prior FCPA Institute “graduates” have said about their experience.

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Hoskins Seeks Judgment Of Acquittal Or New Trial

December 5, 2019

As highlighted in this prior post, last month Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom) was found guilty of Foreign Corrupt Practices Act and related offenses “for his role in a multi-year, multimillion-dollar foreign bribery scheme and a related money laundering scheme.”

The long-drawn out case has had many interesting twists and turns as Hoskins was charged in 2013 for conduct that occurred between 2002 and 2004. Moreover, as highlighted in prior posts, both the trial court and Second Circuit rejected the DOJ’s expansive jurisdiction enforcement theory against the foreign national. Nevertheless, the case was allowed to proceed to trial largely on the factual issue of whether Hoskins was “an agent of a domestic concern.” Continue Reading

Forced To Brief The Issue, The DOJ Requests That The Court Order Och-Ziff To Pay Its “Victims” Between $150 – $188 Million

December 4, 2019

As highlighted in this 2018 post, in the aftermath of the 2016 Och-Ziff Foreign Corrupt Practices Act enforcement action (see here and here for prior posts) former shareholders of Canadian mining company Africo Resources Ltd. (“Claimants”) sough restitution pursuant to the Mandatory Victims Restitution Act for losses allegedly incurred as a result of Och-Ziff’s bribery of corrupt officials in the Democratic Republic of the Congo.

The DOJ opposed the request arguing, among other things, that Claimants had not show direct or proximate causation of quantifable harm from Och-Ziff’s conduct and that damages were too speculative.

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Issues To Consider From The Samsung Heavy Industries Enforcement Action

December 3, 2019

This prior post highlighted the DOJ’s recent net $37.5 million Foreign Corrupt Practices Act enforcement action against Samsung Heavy Industries (a South Korea-based company with a branch office in Houston) focused on its relationship with Pride International (now part of Valaris plc) through which it sold a drillship to Petrobras.

This post highlights additional issues to consider from the enforcement action.

What About Pride?

The primary beneficiary, it would seem, of the conduct alleged in the SHI enforcement action is the “Chartering Company” described by the DOJ as an “offshore oil drilling company headquartered in Houston, Texas which provided contract drilling and related services to oil and gas companies.”

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Trace’s Bribery Risk Matrix Restates The Obvious

December 2, 2019

Recently Trace International, which calls itself “the world’s leading anti-bribery standard setting organization,” released its Trace Bribery Risk Matrix.

Like other rankings of bribery and corruption, there is nothing per se wrong with the Bribery Risk Matrix. However, as stated several times on these pages (see here and here), I am not sure what these rankings really do (other than generate media coverage for the organization releasing the rankings) given that they generally restate the obvious (hence the picture of “Captain Obvious”).

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