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Friday Roundup

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From the dockets, you gotta be kidding me, it’s a numbers game, former DOJ FCPA Unit Chief Duross on …, scrutiny updates, a foreign official teaser, a bracket of a different kind, and an event notice. It’s all here in the Friday Roundup.

From The Dockets

Two developments in DOJ FCPA individual actions.

One the DOJ apparently wants you to do know about because it issued a press release, the other apparently not because there was no press release.

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Friday Roundup

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Not something you see everyday, Yates Memo related, quotable, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup.

Not Something You See Everyday

It’s not everyday that you see a director of a publicly-traded company publicly resign because the director thinks the company is engaged in improper conduct including FCPA violations.

But that is just what Michael Moss, until recently a director of Malvern Bancorp, did.

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FCPA Flash – A Conversation With Paul Pelletier

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The new FCPA Professor contains a new feature – the FCPA Flash podcast.

The goal of FCPA Flash is to provide, in an audio format, the same fresh, candid and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from the written posts on FCPA Professor.

This FCPA Flash episode is a conversation with  Paul Pellletier, a former Principal Deputy Chief of the DOJ’s fraud section and currently a member of Mintz Levin. Pelletier has written some excellent recent pieces on the DOJ’s FCPA enforcement program (see here and here) and in the podcast he discusses the long time periods often associated with FCPA inquiries, FCPA investigative costs, and how the DOJ can best allocate its resources to fight bribery.

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FCPA “Summer School” – A Free Two-Part Webinar Series

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Don’t let the dog days of summer make you lazy.

Elevate your Foreign Corrupt Practices Act knowledge and practical skills.

Recently, I conducted a two-part FCPA “summer school” series sponsored by Hiperos (a leading third-party management company).

Hundreds participated in the live webinars in July and August, but if you missed out, the webinars can be accessed at the below links.

The first webinar titled “Understanding FCPA Scrutiny and the Enforcement Landscape” provide participants with an understanding of:

  • current FCPA enforcement theories;
  • the long term and short term costs associated with an FCPA enforcement action or merely FCPA scrutiny; and
  • how the FCPA is enforced by the Department of Justice and the Securities and Exchange Commission.

The second webinar titled “FCPA Third Party Compliance Best Practices” provides participants with an understanding of:

  • the FCPA risks of utilizing third parties
  • FCPA compliance best practices relevant to third parties (including pre-engagement, engagement, and post-engagement practices) and learning from third-party compliance failures in past enforcement actions; and
  • how best to effectively communicate compliance expectations to third parties

Friday Roundup

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A reading stack edition of the Friday roundup.

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Miller & Chevalier’s FCPA Summer Review 2015 is here.

Regarding the DOJ’s latest FCPA trial court debacle in the Sigelman case (see hereherehere and here for prior posts), the review states:

“The DOJ’s prosecution and trial of Joseph Sigelman deserves special notice, as it was the DOJ’s first trial of an individual on FCPA charges since the acquittal in January 2012 of John Joseph O’Shea. Sigelman’s trial … lasted nine days and ended with prosecutors entering into a negotiated guilty plea with Sigelman on only one of the six counts with which he was charged after a key government witness admitted to lying on the stand. Sigelman’s sentence of probation with no imprisonment was essentially a victory for Sigelman, and the judge was particularly critical of the government’s key witness as well as its sentencing recommendation. The trial adds to a string of recent FCPA prosecutions involving individuals in which the government has failed to secure a conviction or its recommended sentence, highlighting the difficulties the DOJ has sometimes encountered when forced to bear its burden of proof in court.”

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Relevant to the double standard issues frequently highlighted on these pages, one interesting side note to come out of the Sigelman trial was testimony about the alleged “commonplace” practice among certain law firms of providing expensive tickets to high-profile sporting events to corporate clients.   (See here from Bloomberg).

Do that with certain other clients or potential clients and the DOJ/SEC would be apt to call that bribery.

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My Southern Illinois University School of Law colleague Lucian Dervan co-authored an article with Ellen Podgor (White Collar Crime Prof Blog) titled “White Collar Crime: Still Hazy After All These Years.” The abstract states:

“With a seventy-five year history of sociological and later legal roots, the term “white collar crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under hybrid white collar statutes of perjury, false statements, obstruction of justice, and RICO. The empirical analysis suggests the need for an individualized multivariate approach to categorizing white collar crime to guard against broad federal statutes providing either under-inclusive or over-inclusive examination of this form of criminality.”

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Bruce Carton (Securities Docket) recently hosted this webinar titled “The U.K. Bribery Act After Five Years – Where Are We Now?” Panelists were Barry Vitou (author of thebriberyact.com) and Anne-Marie Ottaway of the law firm Pinsent Masons; Vivian Robinson QC, former general counsel to the UK’s Serious Fraud Office and now a partner at McGuireWoods; and Julian Glass of FTI Consulting.

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A good weekend to all.

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