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Government Of Bermuda Sues Lahey Clinic Inc, In U.S. Court, Alleging Various Bribery Related Offenses

lahey

Foreign Corrupt Practices Act enforcement by the DOJ/SEC generates much interest.

However, just as interesting (perhaps more interesting because there is actual judicial scrutiny) is civil litigation which touches upon FCPA issues. (This dynamic was discussed in FCPA Ripples).

A most interesting civil case to pass along as the Government of Bermuda recently filed this civil complaint against Lahey Clinic Inc., a non-profit academic medical center incorporated in Massachusetts, alleging various bribery related offenses.

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Fifth Circuit Affirms Dismissal Of “LNG Consultant’s” Due Process Claims Against The U.S. Arising From The Bonny Island, Nigeria FCPA Action

Judicial Decision

It’s not too difficult to reverse engineer the basic facts of a Fifth Circuit opinion issued earlier this week.

In 2008, the DOJ criminally charged Albert Jackson Stanley (the former CEO of KBR Inc.) with conspiracy to violate the FCPA and commit mail and wire fraud in connection with lucrative liquefied natural gas projects at Bonny Island, Nigeria. Various consultants were generically mentioned in the criminal information and a subsequent criminal indictment would reveal that those consultants were Jeffery Tesler and Wojciech Chodan.

The Stanley charging document also mentioned “LNG Consultant” – a citizen of the U.S. and a citizen of Lebanon – who was also involved in the bribery scheme. This individual, referred to as “John Doe” in the Fifth Circuit opinion, filed suit in 2015 against the United States in the Southern District of Texas, asserting that the Government violated his Fifth Amendment due process rights by accusing him of a crime during the course of a criminal proceeding in which he was not named as a defendant. Doe sought a declaratory judgment that his Fifth Amendment rights had been violated, expungement of court records, and other forms of nonmonetary relief.

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Friday Roundup

Roundup

Clayton responds, from the dockets, Bitkower to FCPA Inc., and a student writing competition. It’s all here in the Friday roundup.

Clayton Responds

This previous post highlighted the FCPA portion of the recent confirmation hearing of SEC Chair nominee Jay Clayton. In follow-up written questions, Senator Sherrod Brown (D-OH) asked: “The Foreign Corrupt Practices Act (FCPA) forbids U.S. companies and their subsidiaries from paying foreign government officials to obtain or retain business. What is your specific plan for enforcement of the FCPA.”

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From The Dockets

Judicial Decision

This previous post mentioned that the DOJ filed a superseding indictment adding Foreign Corrupt Practices Act charges to its existing 2015 enforcement action against Ng Lap Seng and Jeff Yin.

This previous post highlighted the May 2015 civil case brought by Sanford Wadler (the former General Counsel of Bio-Rad) asserting various employment claims against the company in the aftermath of the company’s 2014 FCPA enforcement action in which it agreed to pay approximately $55 million to resolve DOJ and SEC FCPA enforcement actions.

This post further highlights the DOJ’s individual criminal charges against Ng and Yin as well as the strange twist in the Wadler – Bio-Rad litigation.

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Cognizant Technology Solutions – An Interesting, Albeit Early, FCPA Case Study

cognizant

As highlighted in this prior post, on September 30th Cognizant Technology Solutions disclosed that it voluntarily disclosed to the DOJ and SEC “certain payments relating to facilities in India [that] were made improperly and in possible violation of the FCPA and other applicable laws.”

Even though Cognizant’s FCPA scrutiny is a mere six weeks old, it presents an interesting FCPA case study as to the FCPA’s many “ripples.” (See here for the article “FCPA Ripples“). As stated in the article: “because of the many ripples of FCPA enforcement, it is important that FCPA enforcement be subjected to meaningful judicial scrutiny and that enforcement actions represent legitimate instances of provable FCPA violations, not merely settlements entered into for reasons of risk aversion.”

On this issue, it is interesting to note that Cognizant’s FCPA scrutiny relates to permits in connection with certain facilities in India and you can read all about actual legal authority concerning this type of FCPA enforcement theory in this article.

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