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FCPA Flash – A Conversation About Voluntary Disclosure On Both Sides Of The Atlantic

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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 Keith Rosen and Pamela Reddy (both attorneys with Norton Rose Fulbright, Rosen in Washington, D.C. and Reddy in London). Along with other Norton Rose attorneys, Rosen and Reedy recently authored an article titled “Self-Reporting Bribery: The Ongoing Dilemma” that caught my eye.  During the podcast, Rosen and Reddy highlight voluntary disclosure dynamics on both sides of the Atlantic and whether the enforcement agencies are actually “shooting themselves in the foot (see here, herehere and here for prior posts) when it comes to encouraging voluntary disclosure.

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Harvard Law Prof Is Concerned About Judicial Scrutiny Of FCPA Enforcement

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Harvard Law School Professor Matthew Stephenson has an impressive background.

Yet his Foreign Corrupt Practices Act views are, well, let’s just say interesting.

Recently, in the aftermath of the Second Circuit’s decision in U.S. v. Hoskins (see here, here and here for prior posts), Stephenson further advanced his view that judicial scrutiny of FCPA enforcement is not good because the DOJ might lose.

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DOJ Quietly Dismisses Criminal Charges Against Gadio

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As highlighted in this prior post, in November 2017 the DOJ announced that Chi Ping Patrick Ho and Cheikh Gadio  were criminally charged with conspiring to violate the Foreign Corrupt Practices Act, violating the FCPA, conspiring to commit international money laundering, and committing international money laundering.

According to the DOJ: “[T]he defendants engaged in two bribery schemes to pay high-level officials of Chad and Uganda in exchange for business advantages for the Energy Company, a Shanghai-headquartered multibillion-dollar conglomerate that operates internationally in the energy and financial sectors.”

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Elevate Your FCPA Knowledge And Practical Skills At The FCPA Institute – Philadelphia (Oct. 18-19)

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Interested in elevating your Foreign Corrupt Practices Act knowledge and practical skills?

For professionals in the FCPA space – or wishing to join the FCPA space – this is what the FCPA Institute is all about and the next FCPA Institute will be in Philadelphia on October 18-19.

The FCPA Institute is different than a typical FCPA conference.

At the FCPA Institute, information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience. Moreover, the FCPA Institute promotes active learning by participants through issue-spotting videos, skills exercises, small-group discussions and the sharing of real-world practices and experiences. To best facilitate the unique learning experience that the FCPA Institute represents, attendance at each FCPA Institute is capped at 25 participants.

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This Week On FCPA Professor

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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.

As highlighted here, United Technologies Corporation resolved a $13.9 million FCPA enforcement action. The conduct at issue concerned a Russian and Azerbaijani improper payment scheme, a China aviation scheme, improper payments for sales in China, and leisure travel for foreign officials from several countries including China, Kuwait, South Korea, Pakistan, Thailand, and Indonesia. This post highlights additional issues to consider from the enforcement action.

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