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FCPA Flash – A Conversation With Milos Barutciski Regarding Canada’s Corruption Of Foreign Public Official’s Act

July 20, 2017

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 is a conversation with Milos Barutciski (Bennett Jones – Toronto) regarding Canada’s FCPA-like law, the Corruption of Foreign Public Officials’ Act. (CFPOA). During the podcast, Barutciski discusses: some of the differences between the CFPOA and the FCPA; how enforcement of the CFPOA is different than enforcement of the FCPA; and whether Canadian companies subject to the FCPA are more concerned with CFPOA enforcement or FCPA enforcement.

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In-Depth On The Second Circuit’s Recent HSBC Decision

July 19, 2017

This February 2016 post awarded an FCPA Professor Apple Award to then U.S. District Court Judge John Gleeson (E.D.N.Y.) for championing transparency and not acquiescing in secret criminal law enforcement by finding that an HSBC Monitor Report (a condition of a deferred prosecution agreement) was “a judicial record, and that the public has a First Amendment right to see the Report.”

In this recent decision a Second Circuit panel consisting of Judge Katzmann, Judge Pooler and Judge Lynch (the first two President Clinton appointees and the later a President Obama appointee), reversed and held that the “Monitor’s Report is not a judicial document because it is not now relevant to the performance of the judicial function.”

The Second Circuit opinion is troubling / interesting on many levels.

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Much Ado About…Little?

July 18, 2017

I didn’t come up with the headline, but I did participate in an extensive Q&A about Walmart’s FCPA scrutiny with Metropolitan Corporate Counsel. The Q&A was published in its most recent issue with the headline: “Much Ado About…Little? How a ‘garden variety’ FCPA investigation of Walmart grabbed the spotlight.”

The Q&A is republished below with permission.

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DOJ Refuses To Answer Basic Factual Questions Regarding Its Recent FCPA Enforcement Actions

July 17, 2017

“Greater transparency benefits everyone. The Criminal Division stands to benefit from being more transparent ..” (DOJ Assistant Attorney General, April 17, 2017).

As highlighted in this post, in April a high-ranking DOJ enforcement official stated that it is the DOJ’s “intent … for our FCPA investigations to be measured in months, not years.”

For those interested in holding FCPA enforcement officials accountable for their public statements, this requires a willingness by the DOJ to provide the public information that allows this occur.

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Elevate Your FCPA Knowledge At The FCPA Institute – Indianapolis (Sept. 28-29)

July 16, 2017

Could someone in your firm or organization benefit from a two-day, active learning experience devoted to the Foreign Corrupt Practices Act?

If so, please consider the FCPA Institute which is next making a stop in Indianapolis on September 28-29 and hosted by Quarles & Brady.

Since 2014, the FCPA Institute has elevated the FCPA knowledge and practical skills of over 100 diverse professionals through active learning and the below video 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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