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When A Government Customer Does Not Pay – Asia Edition

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A guest post today from Owen Hawkes, a partner in KPMG’s forensic practice in Singapore.

Professor Koehler’s recent post “When A Government Customer Does Not Pay” examines FCPA enforcement actions where payments were made to foreign officials to expedite the receipt of liabilities from governments.

The post brought to mind a recording quoted in the media coverage of PT MAXpower Group (“MAXpower”), an Indonesian-based gas-fired power plant operator, which was alleged to have made corrupt payments to officials in Indonesia.  The quote, from a recording of a meeting of Directors in 2015, reads:

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How The Global Magnitsky Act Interacts With The FCPA And Other Corruption Prevention Tools

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A guest post from the following lawyers at Dentons: Jason Silverman, Michelle Shapiro, Peter Feldman and Michael Zolandz.

On December 20, 2017, President Trump signed an executive order implementing a new tool to combat international corruption: the Global Magnitsky Human Rights Accountability Act (“Global Magnitsky Act”).  The Global Magnitsky Act was passed in December 2016, and it authorized the United States to impose sanctions on any foreign (i.e., non-US) person who – as the name of the statute suggests – has engaged in gross violations of human rights, or acted as an agent on behalf of a foreign person engaged in such violations.

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How The Supreme Court’s Hobbs Act Decision In Ocasio v. United States Could Expand The Bounds Of Conspiracy Law And Mean Trouble For Bribe-Taking Foreign Officials

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Today’s post is from Mike Dearington, an associate at Arent Fox LLP in Washington, D.C. Dearington previously authored several FCPA Professor guest posts as a law student regarding the prosecution of corrupt foreign officials. (see here, here, herehere, and here).

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In recent years, the Department of Justice has ratcheted up its efforts to pursue corrupt foreign officials who accept bribes in return for improper business advantages. By my count, since 2009 alone, federal prosecutors have charged at least eleven foreign officials with crimes related to bribery schemes, netting numerous guilty pleas and convictions. These prosecutions appear to be part of DOJ’s broader strategy of targeting the “demand side” of foreign bribery, rather than focusing only on bribe-payers.

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Checking In Down Under

Australia

Today’s post is from Robert Wyld (an attorney at Johnson Winter & Slattery in Sydney).

Wyld is the Australia Expert for FCPA Professor.

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This year-end review covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 20 December 2017. It has been a busy year for politicians (creating new laws), regulators (pushing for easier ways to investigate and prosecute) and enforcers (Australia’s first foreign bribery convictions). And of course, and very much deserved, much enhanced private sector whistleblower protections are inching ever closer to reality.

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Statute of Limitations Tolling in SEC Enforcement Actions Post-Kokesh – An Offer You Can Refuse

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A guest post from Kevin Muhlendorf (Wiley Rein and a former SEC Enforcement Division attorney and DOJ Fraud Section prosecutor) and Michelle Bradshaw (Wiley Rein). See here for an FCPA Flash podcast episode with Muhlendorf regarding issues similar to those addressed in this post.

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The Supreme Court has now twice rebuked the Securities and Exchange Commission (“SEC” or “Commission”) in unanimous opinions on statutes of limitations.  See Gabelli v. Securities and Exchange Commission, 568 U.S. 442 (2013); see also Kokesh v. Securities and Exchange Commission, 137 S. Ct. 1635 (2017).

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