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On The Eve Of Trial, Battle Over The FCPA’s “Local Law” Affirmative Defense In U.S. V. Ng Lap Seng

Seng2

This previous post highlighted U.S. v. Ng Lap Seng (pictured), a criminal enforcement action involving alleged bribery of United Nations officials that includes FCPA charges. Trial was to begin in late May but was adjourned at the last minute and trial is set to begin today.

As highlighted in this post, on the eve of trial the parties are battling over jury instructions regarding the Foreign Corrupt Practices Act’s “local law” affirmative defense.

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We’ll Have To Wait A Bit Longer To See If The DOJ Can Reverse Its String Of FCPA Trial Debacles

DOJ2

Trial was supposed to begin today in U.S. v. Ng Lap Seng, a criminal enforcement action involving alleged bribery of United Nations officials that includes FCPA charges.

However, last Friday evening the DOJ moved to adjourn the trial until June 26th, a motion that the defense agreed to and was granted by the judge.

It appears that classified materials are a reason for the trial delay.

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Friday Roundup

Roundup

Selective SEC release, scrutiny alert, from the docket, for the reading stack, for your viewing pleasure, and a survey. It’s all here in the Friday roundup.

Selective SEC Release

Since it was filed in December 2011, this site has closely followed the SEC’s long-standing Foreign Corrupt Practices Act enforcement action against former Magyar Telekom executives Elek Straub (former Chairman and CEO); Andras Balogh (former Director of Central Strategic Organization); and Tamas Morvai (former Director of Business Development and Acquisitions) with various FCPA and related offenses. (See here for the prior post).

The complaint alleged, in connection with a bribery scheme in Macedonia and Montenegro, that the individuals violated or aided and abetted violations of the FCPA’s anti-bribery, books and records, and internal controls provisions; knowingly circumvented internal controls and falsified books and records; and made false statements to the company’s auditor.

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FCPA Flash – A Conversation With Joseph Warin

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 the written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Joseph Warin (Gibson Dunn & Crutcher). Warin is the lead author of an article that recently caught my eye titled “Refusing to Settle: Why Public Companies Go to Trial in Federal Criminal Cases.” The article is not specific to the Foreign Corrupt Practices Act, but several of the factors identified in the article about why companies refuse to settle are certainly relevant to FCPA enforcement.

In the podcast, Warin discusses: (i) why so few companies under FCPA scrutiny refuse to settle; (ii) the de facto compliance defense that companies have successfully invoked in other federal criminal trials; (iii) why the terms of NPAs or DPAs may be worse for companies compared to going to trial; and (iv) whether the current FCPA enforcement environment would look the same if more business organization opted to put the DOJ or SEC to its burden of proof.

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Will There Be An SEC FCPA Trial?

Judicial Decision

The Foreign Corrupt Practices Act is nearing its 40th anniversary.

Yet, the SEC is believed to have never prevailed in an FCPA enforcement action when put to its ultimate burden of proof.

This post highlights recent developments in the SEC’s long-standing FCPA enforcement action against former Magyar Telekom executives Elek Straub, Andras Balogh, and Tamas Morvai. The case was brought in December 2011 and recently U.S. District Court Judge Richard Sullivan seemed poised to deny competing motions for summary judgment stating during a recent oral argument “I do think we’re going to have a trial here.”

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