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This Week On FCPA Professor

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FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

The DOJ has long wanted companies to voluntarily disclose conduct that implicates the Foreign Corrupt Practices Act. Why then does the DOJ continually make decisions that should result in any board member, audit committee member, or general counsel informed of current event not making the decision to voluntarily disclose? As highlighted in this post, in the recent Societe Generale enforcement action, the DOJ once again shot itself in the foot.

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The Government Bears Some Responsibility For Certain FCPA Enforcement Actions

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Many Foreign Corrupt Practices Act enforcement actions do not occur in a vacuum. In certain instances, the road to FCPA violations is laid years, in some cases decades, earlier by government policy encouraging certain companies to do business in certain countries to accomplish certain political objectives.

An analogy would be a parent telling a child to go play in the playground frequented by”bad” kids and then, after a few weeks, the child swearing and telling dirty jokes around the house. In other words, don’t be surprised by the end result, the parent sent the child to the playground in the first place.

In light of the recent FCPA enforcement actions concerning business conduct in Libya (see here and here) in which the U.S. government explicitly encouraged companies to do business in the country upon the lifting of sanctions in 2004, it is worth pausing to consider whether the government bears some responsibility for certain FCPA violations.

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Go “Back To School” At The FCPA Institute – Seattle (Aug. 13-14)

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Learning a new topic or elevating your knowledge and practical skills in a topic is not just for formal students in formal educational settings. Professionals in the workplace can also benefit from a “back to school” experience.

For professionals in the FCPA space – or wishing to join the FCPA space – the FCPA Institute serves this objective and the next FCPA Institute will take place in Seattle on August 13-14.

At a typical FCPA conference, 40-50 individuals bombard you with information during various panels. Just introducing these countless individuals takes over one hour in the aggregate. Moreover, the 3 p.m. panelists were likely not present for the 10 a.m. panel, thus information is presented in a disjointed and largely repetitive fashion.

The FCPA Institute is different than a typical FCPA conference. At the FCPA Institute, information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience.

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

As highlighted here and here, the DOJ announced related FCPA enforcement actions against Societe Generale and Legg Mason for improper conduct in connection with financial transactions with various alleged Libyan officials. The net FCPA settlement amount in Societe Generale was $292 million and the settlement amount (at present) in Legg Mason is $64 million. This post highlights how the DOJ “piled on” Societe General as well as additional issues to consider and this post highlights additional issues to consider in the Legg Mason enforcement action.

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

This post highlights the SEC’s shrinking FCPA jurisdiction.

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