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Friday Roundup

By Mike Koehler on May 17, 2019 in Baker Hughes, Bezeq, FCPA Sentences, Internal Investigation Issues, Internet Gold – Golden Lines, James Lyon, JPMorgan, McKinsey & Co., Microsoft, Wal-Mart

Sentenced, just saying, scrutiny alerts and updates, fallout, and what’s the difference? It’s all here in the Friday roundup.

Sentenced

As highlighted in this prior post, earlier this year Frank James Lyon (the owner of Lyon Associates Inc. – a privately held engineering and consulting company headquartered in Hawaii) pleaded guilty to violating the Foreign Corrupt Practices Act (based on things of value provided to officials in the Federated States of Micronesia) as well as paying bribes to an agent of an organization receiving federal funds (based on things of value provided to officials with a Hawaii governmental agency – State Agency).

As highlighted in this DOJ release, Lyon was recently sentenced to 30 months in prison.

Judge “Deeply Troubled” By DOJ’s Outsourcing Of Investigations

By Mike Koehler on May 7, 2019 in Internal Investigation Issues

Resolution documents in corporate Foreign Corrupt Practices Act enforcement action frequently highlight the company’s cooperation, making witnesses available for interviews, identification and translation of relevant documents, etc. (see here for an example).

Given this typical dynamic in corporate FCPA enforcement actions, this recent decision by U.S. District Court Judge Colleen McMahon (pictured – Chief Judge of the S.D.N.Y), while outside the FCPA context, is FCPA relevant in that Judge McMahon stated that she was “deeply troubled” by the DOJ’s outsourcing of investigations.

China’s Blocking Statute Creates New Challenges for Multinational Companies

By Mike Koehler on March 6, 2019 in China, Guest Posts, Internal Investigation Issues

A guest post today from Ropes & Gray attorneys Ryan Rohlfsen, David Zhang and Karen Oddo.

Introduction

The People’s Republic of China (“PRC”) recently enacted the International Criminal Judicial Assistance Law (“ICJAL”). The ICJAL effectively serves as a blocking statute that requires approval by PRC governmental authorities before any institution, organization or individual within the territory of the PRC can provide evidence, materials or assistance to any foreign countries’ criminal proceedings.

FCPA Flash Podcast – A Conversation With Daniel Suleiman Regarding Internal Investigations

By Mike Koehler on October 8, 2018 in FCPA Flash, Internal Investigation Issues

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 Daniel Suleiman (Covington & Burling who previously served as a senior official in the DOJ’s Criminal Division including as Deputy Chief of Staff & Counselor to the Assistant Attorney General). During the podcast, Suleiman discusses the life cycle of FCPA internal investigations including: issues warranting an internal investigation; who should conduct the investigation; how to conduct the investigation; what to do with investigative findings; and how to properly scope investigations.

Friday Roundup

By Mike Koehler on September 7, 2018 in Deferred Prosecution Agreements, DOJ FCPA Corporate Enforcement Policy, Internal Investigation Issues, Non-Profits, Serious Fraud Office, SFO, Tides Foundation, United Kingdom

Interesting, across the pond, non-profit scrutiny, and for the reading stack. It’s all here in the Friday roundup.

Interesting

The DOJ’s FCPA’s Corporate Enforcement Policy states:

“When a company has voluntarily self disclosed misconduct in an FCPA matter, fully cooperated, and timely and appropriately remediated … there will be a presumption that the company will receive a declination absent aggravating circumstances involving the seriousness of the offense or the nature of the offender. Aggravating circumstances that may warrant a criminal resolution include, but are not limited to, involvement by executive management of the company in the misconduct; a significant profit to the company from the misconduct; pervasiveness of the misconduct within the company; and criminal recidivism.”

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Friday Roundup

Judge “Deeply Troubled” By DOJ’s Outsourcing Of Investigations

China’s Blocking Statute Creates New Challenges for Multinational Companies

FCPA Flash Podcast – A Conversation With Daniel Suleiman Regarding Internal Investigations

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