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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.

This post looks at the Raytheon – United Technologies merger through an FCPA lens.

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A Compliance Professional Speaks

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[This post was originally published on FCPA Professor on November 12, 2014 by an anonymous compliance professional]

When you’re the Chief Compliance Officer (“CCO”) of a company that ends up in the middle of one of “those” all-encompassing FCPA investigations (as if there’s any other kind), people often want to know . . . what is it like?  How does it feel to be at ground zero of pure FCPA adrenaline?   This is my answer,  based on my repeated experiences.  I wish I could say it just happened once.  This is also based on my discussions with other CCOs.

It’s a rollercoaster with few ups and a lot of downs.

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The Top Ten Most Listened To FCPA Flash Podcast Episodes

FCPA Flash

The FCPA Flash podcast was launched in February 2016 and quickly become a leading podcast devoted to Foreign Corrupt Practices Act issues. Published twice a month, FCPA Flash provides in an audio format the same fresh, candid, and informed commentary about the FCPA and related topics as readers have come to expect from written posts on FCPA Professor.

The strength of FCPA Flash includes its high-quality, sophisticated guests who offer informed and candid assessments about FCPA and related issues.

Set forth below are the top ten most listened to FCPA Flash podcast episodes. If you are looking to elevate your FCPA knowledge and haven’t yet listened to these podcasts, you may want to check them out. (All FCPA Flash podcast episodes are available here).

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If The Government Can Do That, Why Can’t It Do This?

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A foreign official in Country A. A state-owned enterprise in Country B. A third-party agent in Country C.

Foreign Corrupt Practices Act enforcement actions are full of vague references to problematic actors. However, other business organizations, including those doing business in the same country or same industry, are generally left clueless as to the identity of the problematic actors.

Perhaps FCPA compliance and risk mitigation could be enhanced if the government specifically identified problematic actors so that other business organizations could react accordingly.

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Prosecutorial Common Law

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[This post was originally published on FCPA Professor on March 16, 2011 by Michael Levy (currently an attorney at Paul Hastings) and remains one of the best guest posts ever published on FCPA Professor. In the post, Levy (a former Assistant United States Attorney in the District of Columbia and law clerk to U.S. Supreme Court Justice Lewis F. Powell Jr.) expounds on what he has called “prosecutorial common law” (see here for the Corporate Crime Reporter article].

*****

We have seen this movie before, and it ends with the government’s interpretation of a federal criminal statute knocked down, 9-0, by the United States Supreme Court.

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