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FCPA Flash – A Conversation With Adriaen Morse

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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 Adriaen Morse. Morse is among a small number of individuals who has experienced the FCPA from three different vantage points (counsel in the SEC’s enforcement division, a partner at international law firms and currently running his own firm, and leading the litigation and compliance departments of two Fortune 200 public companies as chief litigation counsel and chief ethics and compliance officer).

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SETAR Describes Itself As A “Private Sector Business,” But The DOJ Alleges That It Is A Foreign Government “Instrumentality”

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As highlighted here, in last week’s Foreign  Corrupt Practices Act enforcement action against Lawrence Parker in connection with a telecommunications bribery scheme in Aruba the DOJ alleged that Servicio di Telecommunicacion di Aruba N.V. (SETAR) was an instrumentality of the Aruban government such that Egbert Yvan Ferdinand Koolman (a product manager at SETAR) was a “foreign official.”

That’s interesting because since 2003 SETAR has described itself as a “private sector business.”

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The Panama Papers Origins Of The Parker FCPA Enforcement Action

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This recent post highlighted the DOJ’s Foreign Corrupt Practices Act enforcement action against Lawrence Parker in connection with a telecommunications bribery scheme in Aruba in which the DOJ alleged that Servicio di Telecommunicacion di Aruba N.V. (SETAR) was an instrumentality of the Aruban government such that Egbert Yvan Ferdinand Koolman (a product manager at SETAR and alleged bribe recepient) was a “foreign official.”

This post highlights that the likely origin of the FCPA enforcement action against Parker was this March 2017 civil complaint filed in U.S. court by SETAR against Koolman, Parker and several other entities and individuals and how the civil complaint originated with the so-called Panama Papers.

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Come For The FCPA, Stay For The Music – FCPA Institute – Nashville (May 3-4)

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Join lawyers from leading firms and compliance professionals from leading companies who will be elevating their Foreign Corrupt Practices Act knowledge and practical skills at the FCPA Institute – Nashville on May 3-4.

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.

Contrary to the assertion that “inability to pay” determinations are a new trend in FCPA enforcement, this post highlights “inability to pay” determinations in several FCPA enforcement actions over the years.

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