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When A Government Customer Does Not Pay

past due

Examining the root causes of certain Foreign Corrupt Practices Act enforcement actions is not meant to rationalize or condone the conduct at issue, but just to better understand the circumstances given rise to the enforcement action in the first place.

For instance, like several other FCPA enforcement actions highlighted in this post, a root cause for a portion of the conduct alleged in the recent PDVSA related individual enforcement action is that Venezuela was unable to pay its bills and that alleged “foreign officials” offered to pay the outstanding bills (among a stack of many no doubt) in exchange for things of value.

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Associate Attorney General Rachel Brand Takes A Position At Walmart And Some People Seemingly Hyperventilate

take a deep breath

Last week, Walmart announced that DOJ Associate Attorney General Rachel Brand will “join the company as Executive Vice President, Global Governance and Corporate Secretary” and “be responsible for the organization’s Legal, Global Ethics and Compliance and Global Investigation, Security, Aviation and Travel departments, along with her role as corporate secretary.”

It was funny to see some on social media seemingly hyperventilate about this development.

Surely this must be connected to Wal-Mart’s long-standing FCPA scrutiny the inference seemed to be.

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The Case That Keeps On Giving – DOJ Announces Additional Charges In PDVSA Bribery Action


Several prior posts (see here and here for instance) have highlighted the clustering phenomenon and how a few discreet instances of alleged bribery yield an inordinate amount of Foreign Corrupt Practices Act enforcement activity.

One such example is the DOJ’s long-standing enforcement action (charges were first brought in late 2015) in connection with alleged corrupt schemes to secure contracts from Venezuela’s state-owned and state-controlled energy company, PDVSA.

Yesterday, the DOJ announced that additional criminal charges were unsealed “against five former Venezuelan government officials for their alleged participation in an international money laundering scheme involving bribes made to corruptly secure energy contracts from Venezuela’s state-owned and state-controlled energy company, PDVSA.”

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How The Global Magnitsky Act Interacts With The FCPA And Other Corruption Prevention Tools


A guest post from the following lawyers at Dentons: Jason Silverman, Michelle Shapiro, Peter Feldman and Michael Zolandz.

On December 20, 2017, President Trump signed an executive order implementing a new tool to combat international corruption: the Global Magnitsky Human Rights Accountability Act (“Global Magnitsky Act”).  The Global Magnitsky Act was passed in December 2016, and it authorized the United States to impose sanctions on any foreign (i.e., non-US) person who – as the name of the statute suggests – has engaged in gross violations of human rights, or acted as an agent on behalf of a foreign person engaged in such violations.

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This Week On FCPA Professor


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 is part of a periodic series about “old” FCPA enforcement actions and highlights the dubious, yet notable, Schering-Plough enforcement action.

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