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FCPA Flash Podcast – A Conversation With Douglas Zolkind Regarding DOJ FCPA Issues

By on May 3, 2021 in DOJ Enforcement Action, FCPA Flash, FCPA Reform, FCPA Trials, Hiring Family Members of Foreign Officials, Individual Enforcement Action
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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 podcast episode is a conversation with Douglas Zolkind. Zolkind recently joined the New York office of Debevoise & Plimpton after serving as an Assistant U.S. Attorney for the Southern District of New York. Among the cases he prosecuted were FCPA trial convictions involving Ng Lap Seng and Patrick Ho. During the podcast, Zolkind: (i) shares his experiences trying FCPA cases including the difference between “FCPA violations” and “FCPA violations that can be proven at trial”; (ii) discusses underappreciated aspects of DOJ FCPA enforcement; (iii) opines whether the government is vulnerable on some of its FCPA enforcement theories; and (iv) suggests a change to FCPA enforcement.

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About Those Internship And Hiring Practices Enforcement Actions …

By on April 7, 2021 in Hiring Family Members of Foreign Officials
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The most recent edition of the always informative FCPA Update from Debevoise & Plimpton has a lead article titled “Hiring a Foreign Official’s Family and Friends: The “Thing of Value” Under the FCPA.”

The article does a nice job summarizing the key points of the six internship and hiring practices enforcement actions since 2015 (BNY Mellon, Qualcomm, JP Morgan, Credit Suisse, Deutsche Bank and Barclays).

The article begins:

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Former Herbalife China Executives Criminally Charged By DOJ, SEC Also Charges Former Executive

By on November 15, 2019 in 2019 Enforcement Actions, Anything of Value, China, DOJ Enforcement Action, Executive Enforcement Action, Foreign Nationals, Herbalife, Hiring Family Members of Foreign Officials, Hongwei Yang, Individual Enforcement Action, Permits / Licenses / Customs / Tax, SEC Enforcement Action, Yanliang Li
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In 2014, Avon resolved a Foreign Corrupt Practices Act enforcement based in large part on obtaining a direct selling permit in China. (See here for the prior post).

In 2016, Nu Skin Enterprises resolved an FCPA enforcement action based in large part on obtaining a direct selling permit in China. (See here for the prior post).

In 2017, Herbalife disclosed that it was under FCPA scrutiny concerning its conduct in China. With the company’s scrutiny still pending, yesterday the DOJ announced that Yanliang Li (a citizen of China and former Managing Director of a Chinese division of Herbalife) and Hongwei Yang (a citizen of China and former head the External Affairs Department of a Chinese division of Herbalife) were criminally charged “for their roles in a scheme to violate the anti-bribery and the internal controls provisions of the FCPA.” Not surprisingly, the alleged conduct focused on obtaining a direct selling permit.

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Issues To Consider From The Barclays Enforcement Action

By on October 3, 2019 in Barclays, Books and Records, Foreign Issuers, Gray Cloud, Hiring Family Members of Foreign Officials, Jurisdiction
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This prior post highlighted the SEC’s recent $6.3 million Foreign Corrupt Practices Act enforcement action against Barclays – the latest FCPA enforcement action focused on alleged improper internship and hiring practices primarily involving the financial services industry.

This post continues the analysis by highlighting additional issues to consider.

Timeline

In its March 1, 2016 annual report, Barclays disclosed:

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Next Up – Barclays Hands Over $6.3 Million To Uncle Sam

By on September 27, 2019 in 2019 Enforcement Actions, Barclays, Financial Services Industry, Hiring Family Members of Foreign Officials, SEC Enforcement Action
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First, it was BNY Mellon Corp. in August 2015 for $14.8 million (see here and here for prior posts). Then, it was Qualcomm in March 2016 for $7.5 million (see here and here for prior posts). Then, it was JPMorgan in November 2016 for $202.6 million (see here, here, and here for prior posts). Then, it was Credit Suisse in July 2018 for $77 million (see here and here for prior posts). Then, it was Deutsche Bank in August 2019 for $16.2 million (see here and here for prior posts).

Next up in Foreign Corrupt Practices Act enforcement actions (mostly targeting the financial services industry) focusing, in whole or in part, on internship and hiring practices being a form of bribery is Barclays as the SEC announced that the U.K. bank with shares traded on the NYSE will pay approximately $6.3 million to “settle charges that it violated the FCPA by hiring the relatives and friends of foreign government officials in order to improperly influence them in connection with its investment banking business.”

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