Top Menu

Archive | Guest Posts

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

caldwell

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.

Continue Reading

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

france

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.

Continue Reading

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:

Continue Reading

Revisiting The Benefits Of Voluntary Disclosure With Responsible Statistical Analysis

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).

*****

When asked about all sorts of automotive and household repairs, a dear friend used to reply, “I know just enough to get into trouble.”

Such can be the case with statistics and Foreign Corrupt Practices Act (FCPA) research. While statistical research within the FCPA is sparse[1], some efforts have been made. However, some of these efforts fell short and the entire legal field, especially those publishing legal journals, could greatly benefit from a better understanding of statistics.

My new article forthcoming in the Journal of Financial Crime titled “Embracing Fragility in Our Data: A Cautionary Example from Research on the FCPA and Voluntary Disclosure” (click here to download) provides a clear example of the need for a greater understanding of statistics in FCPA research.

“Embracing Fragility in Our Data” critiques the methodology of a previous study [2] which looked at whether there are benefits to voluntary disclosure of FCPA misconduct. In the study being critiqued, results showed that voluntarily disclosing companies faced nearly two and a half times higher total fines than companies that did not voluntarily disclose. A simple Google Scholar search yields twenty eight manuscripts that have relied upon and cited the findings noted by that previous study. It is no doubt likely that several other academics and practitioners have also relied upon and communicated those findings.

Continue Reading

Misuse Of Visa Invitation Letters In China Travel

Visa

Today’s guest post is from Eric Carlson. Carlson is a Shanghai-based partner of Covington & Burling LLP. He specializes in anti-corruption compliance and internal investigations, with a particular focus on China and other regions of Asia. He speaks Mandarin and Cantonese and can be contacted here.

*****

In recent years, some 17 settled FCPA enforcement actions involved, in whole or in part, allegations of improper travel benefits to Chinese citizens, often involving leisure travel to the United States.[1]

This post outlines travel restrictions imposed by the Chinese government on its citizens and how companies may inadvertently facilitate leisure travel through visa invitation letters.

Continue Reading

Powered by WordPress. Designed by WooThemes