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Friday Roundup

April 26, 2019

Scrutiny updates and more press. It’s all here in the Friday roundup.

Scrutiny Updates


As highlighted in this prior post, in March the Commodity Futures Trading Commission issued an enforcement advisory concerning companies and individuals “that timely and voluntarily disclose to the Division violations of the Commodity Exchange Act involving foreign corrupt practices, where the voluntary disclosure is followed by full cooperation and appropriate remediation.”

Conventional wisdom was that this advisory just did not fall out of the sky, but was a reaction to something. In my own mind, that something was Glencore’s FCPA scrutiny which the company disclosed in July 2018 (see here).

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Book Review: From Baksheesh To Bribery

April 25, 2019

T. Markus Funk (Perkins Coie) and Andrew Boutros (Seyfarth Shaw) have edited an informative book titled “From Baksheesh to Bribery” recently published by Oxford University Press.

The first part of the book contains “Geographic Chapters” concerning the bribery and corruption laws in approximately 20 countries including: Australia, Brazil, Canada, France, Germany, India, Mexico, Russia and the United Kingdom.

The second part of the book contains “Subject-Specific Chapters” on topics ranging from an internal investigations, third-party due diligence, data privacy and security issues, corporate monitors and voluntary disclosures.

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The Suicide From The FCPA’s Legislative History

April 24, 2019

Suicide of course is not a pleasant topic, but it does occur and occasionally it occurs in connection with bribery and corruption investigations. As highlighted in various media reports, recently Alan García (the two-time former Peruvian president) shot himself in the head during an early morning police raid on his house in connection with allegations that received millions of dollars in bribes from Brazi-based Odebrecht – a company which resolved an FCPA enforcement action in 2016 (see here).

As highlighted in this post, one of the grim stories from the FCPA’s legislative history was the suicide of Eli Black (Chairman of United Brands Co.) who jumped to his death from the 44th floor of his New York City Office tower in February 1975.

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FCPA Flash Podcast – A Conversation With Former DOJ Fraud Section Chief Sandra Moser

April 23, 2019

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 podcast episode is a conversation with Sandra Moser (Quinn Emanuel).  Moser is the former chief of the DOJ’s Fraud Section which has exclusive criminal enforcement authority of the FCPA. During the podcast, Moser discusses: (i) things that corporate counsel or FCPA practitioners fail to realize or understand about the DOJ’s FCPA enforcement program; (ii) the DOJ’s so-called “no piling on” policy and whether the time has come for the DOJ simply to back off of FCPA enforcement actions against foreign companies from OECD Convention countries; (iii) whether the FCPA has been successful in achieving its objectives; and (iv) where the FCPA is headed and predictions for what corporate counsel, FCPA practitioners, and government enforcement officials will be talking about in 10 years.

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Counterintelligence Investigation At Issue In Lambert FCPA Enforcement Action

April 22, 2019

As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (a former co-president of Transport Logistics International) was criminally charged with FCPA and related violations concerning the same underlying bribery scheme alleged in prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey.

This recent motion filed by Lambert to compel government disclosure of evidence highlights a counterintelligence investigation allegedly at issue in the enforcement action.

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