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Friday Roundup

Roundup

Scrutiny alerts and updates, ripple, didn’t fit the narrative, too far into the weeds, the emerging global facade of enforcement and for the reading stack. It’s all here in the Friday roundup.

Scrutiny Alerts and Updates

Amway

Multilevel marketing companies Avon and Nu Skin Enterprises previously resolved FCPA enforcement actions concerning conduct in China. (See here, here, here, here and here for prior posts). Multilevel marketing companies USANA and Herbalife are currently under FCPA scrutiny for its business practices in China.

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Friday Roundup

Roundup

Guilty plea, Petrobras civil settlement, Alstom is done reporting, scrutiny alert, SEC FCPA enforcement, from the docket, checking in up north, and for the reading stack. It’s all here in the Friday roundup.

Guilty Plea

As highlighted in this prior post, in January 2017 the DOJ announced an FCPA and related enforcement action against four individuals for their roles in a scheme to pay $2.5 million in bribes to facilitate the $800 million sale of a commercial building in Vietnam (the so-called Landmark 72) to a Middle Eastern sovereign wealth fund.

Today, the DOJ announced: “Joo Hyun Bahn, aka Dennis Bahn, 39, of Tenafly, New Jersey, pleaded guilty in federal court in Manhattan to one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and one count of violating the FCPA.  U.S. District Judge Edgardo Ramos of the Southern District of New York accepted the guilty plea.  Sentencing is scheduled for June 29 …”.

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Make Your Voice Heard – Canada’s DPA Consultation Process

Soapbox

The Government of Canada has released this public consultation paper to consider the “possibility of introducing a Canadian deferred prosecution regime as an additional tool for prosecutors to be used in appropriate circumstances to address corporate crime.” The Government of Canada is seeking feedback until November 17th and I encourage you to make your voice heard.

Set forth below is the text of my submission to the Government of Canada urging it to reject DPAs. Among other things, my submission highlights that Canada’s justifications for DPAs are based on assumptions about DPAs in the U.S. that lack evidence or assumptions undermined by actual evidence.

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Facilitation Payments Declared Illegal Under Canadian International Corruption Law

Canada2

Today’s post is from Toronto-based Bennett Jones attorneys Milos Barutciski, Matthew Kronby and Jessica Horwitz.

The government of Canada announced on October 30 that the exception allowing for facilitation payments under the Corruption of Foreign Public Officials Act (CFPOA) will be eliminated effective October 31, 2017.

The CFPOA was amended in 2013 to strengthen Canada’s international corruption law. Among other things, the 2013 amendments introduced nationality jurisdiction, thus making Canadian companies and citizens liable for corruption anywhere in the world, increased penalties for bribery from a maximum of 5 years imprisonment to 14 years and created a new books and records offence. These and other amendments came into force on June 19, 2013.

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FCPA Flash – A Conversation With Jonathan Drimmer (VP & Deputy GC of Barrick Gold Corp.)

FCPA Flash

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 Jonathan Drimmer (V.P. & Deputy General Counsel of Barrick Gold Corp. a Canadian company with shares traded in the U.S.). During the podcast, Drimmer answers which law (the FCPA or Canada’s Corruption of Foreign Public Officials Act) and its enforcement keeps him up more at night; the challenges of compliance including third party due diligence; and training best practices including whether there is compliance fatigue.

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