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Even Though The Jurisdictional Basis For The Action Was “Limited,” Airbus Resolves $294 Million FCPA Enforcement Action In Connection With Broader Global Enforcement Action

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The DOJ recently announced that Airbus (a France-based global provider of civilian and military aircraft) agreed to pay $3.9 billion to resolve foreign bribery, as well as Arms Export Control Act and International Traffic in Arms Regulations, enforcement actions in the U.S., France, and the United Kingdom.

As the DOJ acknowledged, Airbus “is neither a U.S. issuer nor a domestic concern, and the territorial jurisdiction over the corrupt conduct is limited.” As the DOJ further acknowledged, both France and the United Kingdom have a “significantly stronger” jurisdictional basis for resolving related matters.

Nevertheless, a portion of the global settlement amount includes a $294 million Foreign Corrupt Practices Act enforcement action. This post summarizes the enforcement action in which the DOJ charged Airbus in this information with conspiracy to violate the FCPA’s anti-bribery provisions and conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations.

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South Korean Company Bribes Brazilian Officials Through Brazilian Agents, U.S. Collects $37.7 Million

SamsungHeavy

Last Friday, the Department of Justice announced that Samsung Heavy Industries (SHI – a South Korea-based engineering company that provides shipbuilding, offshore platform construction, and other construction and engineering services with a branch office in Houston) agreed to resolve a net $37.5 million Foreign Corrupt Practices Act enforcement action.

As highlighted below, the conduct at issue involved SHI’s relationship with Pride International (which is now part of Valaris plc) through which it sold a $636 million drillship to Petrobras.

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FCPA Flash – A Conversation With FCPA Violator Frederic Pierucci Regarding FCPA Enforcement Against European Companies

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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 Frederic Pierucci. In April 2013, Pierucci (a French national) was among a group of current or former Alstom executives criminally charged in connection with an alleged bribery scheme in Indonesia. Pierucci ultimately plead guilty to FCPA offenses. Upon release from U.S. prison, Pierucci authored a book titled “The American Trap.” During the podcast, Pierucci talks about his book, what motivated him to write the book, and his views that the FCPA is a “tool to destabilize” European companies and how the U.S.’s use of the FCPA is like “underground economic warfare.” During the podcast, I take issue with certain of Pierucci’s comments (for instance 7 U.S. companies have resolved FCPA enforcement actions over $100 million not the number Pierucci suggests) and the podcast contains a good back-and-forth discussion.

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FCPA Flash Podcast – A Conversation With Philip Urofsky Regarding 2018 FCPA Trends And Developments

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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 Philip Urofsky (Shearman & Sterling and a former FCPA enforcement official at the DOJ). During the podcast, Urofsky elaborates on various issues such as jurisdiction over foreign actors and parent-subsidiary issues found in the firm’s always informative FCPA Digest. Urofsky also opines on what the FCPA enforcement landscape might look like if business organizations would put the government to its burden of proof in enforcement actions.

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DOJ Quietly Releases “Declination With Disgorgement” Letter Agreement Concerning Insurance Corp. Of Barbados Ltd.

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Yesterday, the DOJ quitely posted to its FCPA website this “declination with disgorgement” letter concerning Insurance Corporation of Barbados Limited (ICBL).

Pursuant to the agreement, ICBL agreed to pay approximately $94,000 to the U.S. for alleged bribes to a Barbadian government official in exchange for insurance contracts.

The full text of the DOJ’s letter to ICBL’s counsel (Adam Siegel – Freshfields Bruckhaus Deringer) is as follows.

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