Top Menu

U.S. v. Hoskins And The Big Picture

bigpicture

This prior post highlighted the Second Circuit’s recent decision in U.S. v. Hoskins in which the court rejected the DOJ’s expansive jurisdictional theory of prosecution against Lawrence Hoskins, a U.K. national.

This post continues the analysis by highlighting various “big picture” issues.

Legislative History Matters

In large part, the Second Circuit’s opinion was based on the FCPA’s legislative history demonstrating once again that legislative history matters.

Continue Reading

The FCPA Guidance Turns 5

the party is over

Five years ago today, on November 14, 2012, the DOJ and SEC released the FCPA Guidance. The guidance generated a substantial amount of buzz, but the festive coverage soon subsidized as the guidance turned 1, 2, 3, 4 and now 5 years old.

Yet, on this fifth anniversary of the FCPA Guidance, it is useful to take a look back.

As highlighted in this post, the 2012 FCPA guidance was a long-time coming to say the least.

Continue Reading

Khuzami, A Signatory Of The 2012 FCPA Guidance, Calls For Additional FCPA Guidance or “Changing” The “Somewhat Controversial” FCPA

khuzamikirkland

You really can’t make this one up and there is a reason why, unfortunately but justifiably, many view Foreign Corrupt Practice Act enforcement with cynicism.

In 2012, Robert Khuzami was head of the SEC’s Division of Enforcement when the SEC, along with the DOJ, issued FCPA Guidance.

The Guidance was signed by two individuals: Khuzami and then Assistant Attorney General Lanny Breuer.

Just above Khuzami’s signature, the Guidance states:

Continue Reading

The FCPA Guidance Turns 4

the party is over

Four years ago yesterday, on November 14, 2012, the DOJ and SEC released the FCPA Guidance. The guidance generated a substantial amount of buzz, but the festive coverage soon subsidized as the guidance turned 1, 2, 3 and now 4 years old.

Yet, on this fourth anniversary of the FCPA Guidance, it is useful to take a look back.

As highlighted in this post, the 2012 FCPA guidance was a long-time coming to say the least. For instance, in the 1988 FCPA amendments Congress encouraged the DOJ to issue FCPA guidance. The DOJ refused. In 2002, the OECD encouraged the DOJ to issue FCPA guidance. The DOJ refused. In 2010, the OECD again encouraged the DOJ to issue FCPA guidance. The DOJ again refused. In the aftermath of the November 2010 Senate FCPA hearing the DOJ was again encouraged to issue FCPA guidance.  The DOJ again refused.

Continue Reading

Powered by WordPress. Designed by WooThemes