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Are SEC Tolling Agreements Actually Enforceable?

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A guest post from Russell Ryan (King & Spalding and former Assistant Director of the SEC’s Division of Enforcement).

Most readers of FCPA Professor are well aware that tolling agreements are commonplace in Foreign Corrupt Practices Act investigations.  Investigations in this space are notoriously lengthy and protracted, in part because misconduct can remain hidden for years and a good portion of the relevant evidence and witnesses is typically located overseas.

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French Minister Of Justice Releases Guidelines To Fight International Corporate Corruption

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A guest post today from Paris-based Bryan Cave Leighton Paisner attorneys Cécile Terret and David Père.

On 2 June 2020, French Minister of Justice Nicole Belloubet released guidelines to prosecutors setting out the contours of French criminal policy regarding international corruption (the “Note”). This Note recalls the major role to be played by the National Financial Prosecutor’s Office (PNF) and then presents the principles that should guide legal action and sanctions.

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SEC’s Recent FCPA Complaint May Reveal Benefits Of Company Compliance But Pleadings May Be Deficient

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A guest post from Arnall Golden Gregory LLP attorneys Cory Kirchert and Adriaen Morse. Previously both Kirchert and Morse were Senior Counsel in the SEC’s Enforcement Division.

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Introduction

The U.S. Securities and Exchange Commission (“SEC”) recently filed a case alleging violations of the anti-bribery provisions of U.S. securities laws that raises more questions than it answers. As most practitioners in this area know, press releases (or “litigation releases”) that accompany the announcement of new enforcement cases often discuss a company’s cooperation, in particular when the case came to the SEC’s attention via company self-disclosure or when the SEC wishes to signal that the company’s cooperation contributed to a low penalty or no penalty.

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A Common Language For Accurately Tracking Individual FCPA Enforcement Actions

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Today’s post is from Cuneyt Akay (Greenberg Traurig)

As loyal readers of this website know, every year FCPA Professor makes a plea for FCPA commentators to adopt a common language for tracking FCPA corporate enforcement actions. (See here for instance and here for the article “A Common Language to Remedy Distorted FCPA Enforcement Statistics”).

Well, how about a common language and approach for tracking individual enforcement cases as well?

Reviewing various published year-end FCPA summaries shows that tracking of individual enforcement actions is all over the board.  For 2019, some commentators had the number of individual enforcement actions as low as the mid-twenties while others had numbers in the forties.

So, my plea is that we also bring some consistency and standardization to tracking individual enforcement cases.  Set forth below is the methodology I utilize to track and count the number of FCPA individual enforcement cases in a year.

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Corruption: The French National Financial Prosecutor Signed His Fifth Judicial Public Interest Agreement

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A guest post today from Paris-based Bryan Cave Leighton Paisner attorneys Cécile Terret, David Père and Perrine Ader.

Recently, the French company Egis Avia, a subsidiary of the Egis group, agreed to pay a fine of €2.6 million to end the proceedings for corruption in connection with a contract to modernise the airport in Oran, Algeria. The fine was negotiated with the National Financial Prosecutor (the “NPF”) under a French legal instrument, namely the Convention Judiciaire d’Interêt Public (Judicial Public Interest Agreement; the “CJIP”).

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