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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.

In this FCPA Flash podcast episode former DOJ FCPA Unit prosecutor Samer Korkor discusses the framework for transnational cooperation and multi-jurisdictional resolutions – areas of significant importance to FCPA and other white collar investigations and prosecutions.

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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 FCPA information you need to know from the third quarter.

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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, once again, the SEC’s inconsistent approach to enforcing the FCPA’s books and records and internal controls provisions.

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Healthcare Professionals As “Foreign Officials”

healthcare providers

It is one of the more dubious FCPA enforcement theories there is.  It has never been subjected to judicial scrutiny.  It is a relatively new enforcement theory when one considers that the Foreign Corrupt Practices Act was enacted in 1977.  It is an enforcement theory that has been used 30 times since introduced to the FCPA context in 2002 and thus is one of the reasons for the general increase in FCPA enforcement in the modern era.

It is the enforcement theory that employees (such as physicians, nurses, mid-wives, lab personnel, etc.) of certain foreign health care systems are “foreign officials” under the FCPA and thus occupy a status akin to a President or Prime Minister.

This post traces the origins and prominence of this theory,  contains comments from the former DOJ FCPA enforcement attorney who came up with this theory, and highlights a data point relevant to the legitimacy and validity of this theory.

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Elevate Your FCPA Knowledge And Practical Skills At The FCPA Institute – Boston (Oct. 3-4)

Featured Image FCPA Institute

Interested in elevating your Foreign Corrupt Practices Act knowledge and practical skills?

For professionals in the FCPA space – or wishing to join the FCPA space – this is what the FCPA Institute is all about and the next FCPA Institute will be in Boston on October 3-4.

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. Moreover, the FCPA Institute promotes active learning by participants through issue-spotting videos, skills exercises, small-group discussions and the sharing of real-world practices and experiences.

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