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Facade Of Enforcement Across The Pond


A facade of Foreign Corrupt Practices Act enforcement is when a business organization – often for reasons of risk aversion and efficiency – agrees to resolve an enforcement action in the absence of any judicial scrutiny even though no employee or agent of the company (business organizations obviously can only act through real human beings) was charged. (See here for the article “The Facade of FCPA Enforcement” and here for the article “Measuring the Impact of NPAs and DPAs on FCPA Enforcement.”)

Even more troubling is when employees are charged, put the government to its burden of proof, are acquitted yet the business organization still resolves an enforcement action based on the same underlying conduct.

This 2014 post, published after the United Kingdom formally adopted deferred prosecution agreements, was titled “The U.K. Enters the Facade Era.” As discussed below, recently there was a major facade moment in the U.K.

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What Viable Criminal Charges Against Guralp Systems Did The DOJ Actually “Decline”?


This July 2017 post highlighted the criminal conviction of Heon-Cheol Chi (Chi) of South Korea -“the Director of South Korea’s Earthquake Research Center at the Korea Institute of Geoscience and Mineral Resources (KIGAM) for “laundering bribes that he received from two seismological companies based in California and England through the U.S. banking system.”

The prior post noted that attention now turns to Kinemetrics (the California company) and Guralp Systems Ltd. (the U.K. company).

Recently, the DOJ quitely released this substantively vague so-called declination letter concerning Guralp Systems. However, as highlighted below it is difficult to analyze just what viable criminal charges against Guralp Systems that the DOJ actually “declined” to prosecute.

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