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FCPA Challenge

August 16, 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: in 2011 a federal trial court judge vacated the trial court convictions and dismissed the indictment against this company and individuals after finding numerous instances of prosecutorial misconduct – “so many in fact, and so varied, and occurring over so lengthy a period … that they add up to an unusual and extreme picture of a prosecution gone badly awry.”

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Summer FCPA Reading List

August 16, 2018

Summer.

A time for reflection, a time to think, a time to read.

If you have some downtime, put it to good use.

This post provides an overview of FCPA writings that can help you elevate your Foreign Corrupt Practices Act knowledge, sophistication, and practical skills.

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Registration Opens For The FCPA Institute – Philadelphia (Oct. 18-19)

August 15, 2018

Earlier this week professionals from all over the world and from leading firms and companies came to Seattle to elevate their Foreign Corrupt Practices Act knowledge and practical skills at the FCPA Institute – Seattle hosted by KPMG.

The next stop for the FCPA Institute is Philadelphia on October 18-19, 2018 in an event hosted by Pepper Hamilton.

Since 2014, the FCPA Institute has elevated the FCPA knowledge and practical skills of approximately 200 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 will gain by attending the FCPA Institute; and what prior FCPA Institute “graduates” have said about their experience.

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FCPA Flash: A Conversation With Former DOJ FCPA Prosecutor Bruce Searby Regarding Internship And Hiring Enforcement Actions

August 15, 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 Bruce Searby (Searby LLP). Prior to forming this firm, Searby was an enforcement attorney in the DOJ’s FCPA Unit. During the podcast, Searby expands upon points made in his recent article titled “FCPA Liability for Hiring Practices Gain New Credence” including how this enforcement theory is “expansive,” how “no FCPA hiring case has been tested in court,” how in certain of the enforcement actions there are hints that the “government may struggle to establish all the elements required for an anti-bribery violation of the FCPA,” and how “building cases against individuals may be particularly challenging.”

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… Because FCPA Enforcement Actions Often Involve “Normal” Activity

August 14, 2018

This recent FCPA Blog post asks: “why do ‘normal’ employees violate the FCPA?”

Sure, there will always be Foreign Corrupt Practices Act violators like Richard Bistrong (an FCPA Blog contributor and a “training partner” of the FCPA Blog’s owner) who – in the words of the Africa Sting jury foreman – “freely admitted on the stand more illegal acts than the entire group of defendants was accused of, yet was able to plead to only one count of conspiracy to violate the FCPA.” Bistrong himself has stated: “When I am asked, ‘what could have stopped you? My response is quite simple: nothing.”

There is little compliance programs can do as to these sorts of actors. Nevertheless, let me raise my hand and offer a partial answer to the question posed by the FCPA Blog: “normal” employees may violate the FCPA because FCPA enforcement actions often involve “normal” activity.

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