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FCPA Challenge

FCPA Challenge

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: this 1989 enforcement action in connection with the Foreign Military Sales program (in which the U.S. government made loans to certain foreign governments to finance the purchase of defense items of U.S. origin) included the allegation that a Niger “foreign official”  “traveled from Washington, D.C. to Niger for his wedding and subsequent honeymoon in Paris, Stockholm and London, using tickets charged to a [the company’s] account.”

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L-3 Exec Testifies That Representative Agreement With Qatar Company “Was Cover For Any Kind Of Allegation That [L-3] Has Violated The FCPA”

Judicial Decision

This post concerns a judicial opinion recently released by the Southern District of New York in a bench trial concerning the claims of Capital Security Systems (a company located in Qatar) against L-3 Communications Security and Detection Systems.

The underlying claims were garden variety breach of contract and related causes of actions with Foreign Corrupt Practices Act issues sprinkled in.

In terms of relevant background information, the decision states in pertinent part:

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A Few Observations On The Anticorruption Chapter Of The United States – Mexico – Canada Agreement

USMCA

Recently, the Office of the U.S. Trade Representative released the text of the United States – Mexico – Canada agreement (USMCA). The extensive agreement has a specific chapter (chapter 27) titled anticorruption and this post offers a few observations regarding the agreement compared to the Foreign Corrupt Practices Act specifically as it relates to “foreign official” issues and the express facilitation payments exception.

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SEC Co-Director Of Enforcement Peikin On Success And Remedies

Peikin

Recently, Steven Peikin (Co-Director of the SEC’s Division of Enforcement) gave this speech in which he talked about the meanings of success of the SEC’s enforcement program as well as the remedies and relief available to the SEC in enforcement actions.

While not Foreign Corrupt Practices Act specific, Peikin’s speech was FCPA relevant and portions of the speech (along with commentary) are excerpted below.

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FCPA Flash Podcast – A Conversation With Daniel Suleiman Regarding Internal Investigations

Podcast Logo

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 Daniel Suleiman (Covington & Burling who previously served as a senior official in the DOJ’s Criminal Division including as Deputy Chief of Staff & Counselor to the Assistant Attorney General). During the podcast, Suleiman discusses the life cycle of FCPA internal investigations including: issues warranting an internal investigation; who should conduct the investigation; how to conduct the investigation; what to do with investigative findings; and how to properly scope investigations.

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