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“Complicated Questions Of Law”

complicated

The Department of Justice is looking for a trial attorney in its Foreign Corrupt Practices Act unit.

Per the job posting, one of the duties of the attorney is to advise and instruct Assistant U.S. attorneys “on complicated questions of law and Departmental policy with respect to the FCPA.”

“Complicated questions of law.”

It is just four words in a job posting, but it is a notable four words and an important acknowledgment by the DOJ that the Foreign Corrupt Practices Act is not a simple, straight forward statute as some (including the DOJ) often portray it to be.

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Assistant Attorney General Kenneth Polite On …

Polite

Recently, Assistant Attorney General Kenneth Polite responded to Q&A’s from Law360 including the following that are Foreign Corrupt Practices Act relevant.

Q: Travel and in-person investigation are seen as particularly important in the FCPA context, and there’s been a lot of chatter about how pandemic restrictions may have slowed the pipeline pretty significantly. Do you think that’s an accurate perception?

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Friday Roundup

Roundup

Guilty plea, off-target, fear-based marketing, and for the reading stack. It’s all here in the Friday Roundup.

Guilty Plea

This recent post highlighted the DOJ’s money laundering case against Luis Enrique Martinelli Linares (a citizen of Panama and Italy) and his brother Ricardo Alberto Martinelli Linares (also a citizen of Panama and Italy), for “participat[ing] in the Odebrecht bribery scheme by, among other things, serving as intermediaries for bribe payments and the provision of other things of value that Odebrecht offered and provided to the Panama Government Official.

Yesterday, the DOJ announced that Luis Martinelli Linares pleaded guilty.

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In The Words Of The Enforcement Officials

Soapbox

Even though DOJ and SEC enforcement officials clearly have the ability (through various technology means) to convey information relevant to the Foreign Corrupt Practices Act to a broad audience, enforcement officials continue to appear at conferences hosted by for profit companies in which audience members need to pay to hear our public officials speak. (See here).

So long as this concerning dynamic persists, the FCPA community is served by practitioners performing a valuable public service by summarizing remarks of enforcement agency officials.

Today’s post is from Arnold & Porters attorneys Jonathan Green, Ryan Hartman, and Dan Bernstein.

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Friday Roundup

Roundup

Under scrutiny again, guilty plea, and for your listening enjoyment.

It’s all here in the Friday roundup.

Under Scrutiny Again

As highlighted in this prior post, in 2019 Russia-based Mobile TeleSystems PJSC (MTS) agreed to resolve an $850 million DOJ/SEC FCPA enforcement action based on the same alleged core conduct in several other Uzbekistan telecom focused FCPA enforcement actions. (See here and here). As a condition of settlement, MTS was required to retain an independent compliance monitor.

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