June 18, 2021
Not the most exciting title that is for sure, but 18 USC 3292 can play an important role in FCPA enforcement in terms of the statute of limitations.
The statutory provision states in full:
(a) (1) Upon application of the United States, filed before return of an indictment, indicating that evidence of an offense is in a foreign country, the district court before which a grand jury is impaneled to investigate the offense shall suspend the running of the statute of limitations for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country.
June 17, 2021
The short answer is how the heck would I know and what criteria would even be used?
Is one a “best” FCPA lawyer if one assists a business organization with a compliance program that effectively manages and minimizes risk such that the company is never under FCPA scrutiny and resolves an enforcement action?
Is one a “best” FCPA lawyer if one conducts a multi-million dollar internal investigation or is this “boiling the ocean” and deserving of a “worst” FCPA lawyer?
June 16, 2021
On March 17, 2021, the DOJ filed under seal a complaint pursuant 18 USC 3184 captioned “In the Matter of The Extradition of Kendrick Taylor Wallace.” In the complaint, filed in the U.S. District Court for the Middle District of Florida, the DOJ stated that Norway “has submitted a formal request through diplomatic channels for the extradition of Kendrick Taylor Wallace, a U.S. citizen.”
Wallace previously served as the Chief Legal Officer, and was also a member of the corporate management team, of Yara International ASA (Yara) (one of the world’s largest producers of mineral fertilizers) and the complaint references that Wallace was convicted of criminal offenses in Norway for bribery schemes involving “a Libyan government official and an Indian government official in connection with negotiations to establish joint venture agreements concerning fertilizer production with state-controlled companies in Libya and India.”
Recently, the court denied the extradition request and dismissed the DOJ’s complaint. (See 2021 WL 2401906).
June 15, 2021
Recently, the FCPA Blog published this post titled “three reasons why FCPA corporate enforcement has stalled.”
One reason offered is the following. “A new agenda. The focus of criminal and civil enforcement evolves over time. A recent White House announcement articulated a whole-government initiative to fight corruption. Cooperation among disparate agencies takes time.”
That is ridiculous. For starters, there has not been a corporate FCPA enforcement since January 8th and the release by the White House on June 3rd of its “Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest” is not the cause. Moreover, the memo does not address cooperation among “disparate agencies” in FCPA enforcement. Simply put, the Office of the Vice President, the Department of Energy, the Office of Management and Budget, the Office of the Chairman of the Joint Chiefs of Staff (just to name a few of the agencies listed in the memo) play no role in FCPA enforcement.
Another reason offered by the FCPA Blog is even more absurd.
June 14, 2021
The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.
This FCPA Flash episode is a conversation with Nicola Bonucci. Currently a partner in the Paris office of Paul Hastings LLP, Bonucci previously served as the Director for Legal Affairs for the Organization for Economic Cooperation and Development (OECD). The in-depth podcast focuses on the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“OECD Convention“).
During the podcast, Bonucci responds to questions regarding the following issues: