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Hail To The Chief

February 17, 2020

Today is Presidents’ Day.

This post highlights the roles of the Gerald Ford, Jimmy Carter, Ronald Reagan, and William Clinton administrations in enactment and subsequent development of the FCPA.

The article “The Story of the Foreign Corrupt Practices Act” also contains a detailed overview of the roles of the Ford and Carter administrations.

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This Week On FCPA Professor

February 15, 2020

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.

This post describes how the DOJ “piled on” Airbus and highlights other issues to consider from the enforcement action.

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DOJ’s Use Of Foreign Evidence Requests Questioned

February 14, 2020

According to this recent Wall Street Journal article, “Justice Department lawyers have improperly used requests for overseas evidence to buy more time to bring some fraud cases, a memo filed with the agency’s internal watchdog alleges. […] If the allegations in the memo are determined to be true, they could indicate that the Justice Department has bent the rules in a way that damaged defendants’ rights. Suspects in many federal crimes can’t be charged more than five years after the crime has been committed. Such statutes of limitations were enacted to protect possible defendants from being accused long after a crime, when memories had faded and evidence may have disappeared.”

Although the article does not specifically mention any Foreign Corrupt Practices Act enforcement actions, as described below, the general issue discussed in the article is FCPA relevant.

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An FCPA Related Feeding Frenzy

February 13, 2020

When making a decision whether to voluntarily disclose Foreign Corrupt Practices Act issues, corporate leaders need to understand the full range of ripple effects that will likely occur upon disclosure. (See here for the article “FCPA Ripples”).

One should not just look at the supposed reduction in an FCPA settlement amount and narrowly conclude that the company benefited from the voluntary disclosure. Such a narrow view fails to take into account the many other ripple effects resulting from the disclosure.

These pages have long highlighted that one ripple effect of FCPA scrutiny and enforcement is FCPA-related shareholder litigation and this post discusses what happened to Landec Corporation after it disclosed an FCPA investigation on January 2, 2020.

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FCPA Flash Podcast: A Conversation With Matthew Boyden Regarding The U.S. Postal Inspection Service

February 12, 2020

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 Matthew Boyden. Boyden recently joined R. McConnell Group (a boutique law firm in Houston specializing in FCPA compliance and investigations among other things). Prior to joining the firm, Boyden was a Special Assistant US Attorney in the S.D. of Texas and a U.S. Postal Inspector with the U.S. Postal Inspection Service. A close read of certain recent FCPA enforcement actions (Rolls Royce and Polycom for instance) demonstrate that the Postal Inspection Service plays a role in FCPA investigations and during the podcast Boyden describes what the U.S. Postal Inspection Service does and how it interacts with other federal government agencies in investigating and prosecuting FCPA offenses.

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