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This Week On FCPA Professor


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.

Historically, the DOJ had two choices when a business organization was the subject of criminal scrutiny. The two choices — which have served as the foundation of the U.S. criminal justice system for nearly a century when corporate criminal liability was first recognized — was either charge the entity with a legal violation or not charge. Yet as highlighted in this chronological post ending with DOJ statements last week, in recent years DOJ “enforcement” has become a joke.

As highlighted in this post, former equity holders of Africo Resources seek designation as “victims” of Och-Ziff’s bribery schemes and raise concerns about the underlying settlement.

As highlighted in this post, mum’s the word from the DOJ as to the compliance counsel position vacated since June 2017.

This FCPA Flash podcast episode is a conversation with Hannibal Kemerer (Squire Patton Boggs). As former chief counsel of the Senate Judiciary Committee’s Crime and Drugs Subcommittee, Kemerer was the lead lawyer for Senator Arlen Specter and has unique insight into why Senator Specter held an FCPA oversight hearing in November 2010 (see here for the hearing transcript, here for the video). During the podcast, Kemerer discusses why Senator Specter held the hearing, what Senator Specter hoped to accomplish in the hearing, and whether the goals of the hearing were actually accomplished. Now in private practice, Kemerer also discusses the difference between approaching FCPA issues from a a private practitioner standpoint compared to a public policy standpoint.

This post rounds up other FCPA and related developments.

How much do you know about the Foreign Corrupt Practices Act? Let’s find out in this week’s FCPA challenge.

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