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Checking In Down Under


Today’s post is from Robert Wyld (Partner, Johnson Winter & Slattery in Sydney). Wyld is the Australia Expert for FCPA Professor.

There have been a number of important developments in Australia over the last few months. The key issues include: (i) false accounting prosecutions arising out of AFP Leighton Holdings investigation; (ii) ASIC’s penalty prosecutions against former senior AWB Ltd executives continue; (iii) proposed model for a Commonwealth Deferred Prosecution Agreement scheme; (iv) proposed amendments to the Commonwealth foreign bribery offence and introduction of new corporate offence of failing to prevent bribery; and (v) AFP and CDPP foreign bribery initiatives

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ISO 37001 – Not Quite A “Complete Yawner”


A goal of FCPA Professor has always been to foster a forum for critical analysis and discussion of the Foreign Corrupt Practices Act and related topics.

Consistent with this goal, today’s post is from Christopher Bell (Greenberg Traurig) responding in part to my October 2016 post titled “ISO 37001 Is A Complete Yawner.”

Bell was a member of the U.S. team involved in the negotiation and drafting of ISO 37001, has been involved in the negotiation and implementation of various ISO standards since the mid-1990s, and has decades of experience advising companies around the world on the evaluation and implementation of compliance systems.

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Assistant Attorney General Caldwell’s Q&A Regarding FCPA Enforcement


This post is from Debevoise & Plimpton attorneys Veronica Glick and Jonathan Tuttle.


Yesterday, Assistant Attorney General Leslie Caldwell discussed the DOJ’s FCPA enforcement goals at George Washington University Law School in Washington, D.C.   Caldwell’s remarks, available here, covered three topics: enforcement focus on large-scale international corruption; transparency in charging decisions with respect to corporate prosecutions; and fostering corporate compliance and cooperation.

The discussion below focuses on the Q&A portion of the event, which included the audience and panelists Karen Popp of Sidley Austin and Susan Karamanian of GW Law.  Assistant Attorney General Caldwell answered questions regarding the DOJ’s new FCPA pilot program, relationships with foreign law enforcement and the DOJ’s understanding of the FCPA’s jurisdictional reach.

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French Anti-Corruption Law Reform: A Paper Tiger Or A Paradigm Shift?


Today’s post is from Paris-based Hughes Hubbard & Reed attorneys Bryan Sillaman and Jan Dunin-Wasowicz.


Castigated for its meager prosecution of corporations for corruption offenses, particularly involving conduct overseas, France is currently in the process of revising its anti-corruption framework.  A new law, announced with great pomp, will be debated in the French National Assembly in the coming weeks, and may be adopted by summer.

This guest post for FCPA Professor provides a status update on the latest developments and offers a first look at some of the issues that arise from the draft law, including what it does and does not currently contain.

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Further To The Need For Responsible Statistical Analysis In FCPA Research

Statistical Analysis

Today’s post is from Peter Leasure J.D. (current Ph.D. candidate, University of South Carolina, Department of Criminology and Criminal Justice).


This previous FCPA Professor post and related article showed that FCPA researchers and the entire legal field, especially those publishing legal journals, could greatly benefit from a better understanding of statistics.

This post will once again demonstrate this need. In an article recently published (Annalisa Leibold, The Extraterritorial Application of the FCPA Under International Law, 51 Willamette L. Rev. 225 (2015) and a subsequent post on the FCPA Blog, it was stated that firms with foreign headquarters were paying larger fines than firms with U.S. headquarters in FCPA cases. The author said as follows:

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