This post highlighted the recent $78.1 million Foreign Corrupt Practices Act enforcement action against Tenaris (the second time the company has resolved an FCPA enforcement action in the last approximate decade).
This post highlights additional issues to consider from the enforcement action.
Timeline
Tenaris “voluntarily notified” the SEC and DOJ of the matters involved in the enforcement action in October 2016.
This previous post highlighted the recent net $443 million Foreign Corrupt Practices Act enforcement action against Glencore.
This post highlighted the CFTC’s related enforcement action against the company.
This post discussed how the executive officer certification in the FCPA enforcement action sets up Glencore personnel to fail.
This post continues the analysis by highlighting additional issues to consider from the Glencore FCPA enforcement action.
Timeline
This recent post highlighted the $6.3 million Foreign Corrupt Practices Act enforcement action against KT Corp. – a South Korea based telecommunications company with American Depositary Shares registered with the SEC and traded on the New York Stock Exchange.
This post highlights additional issues to consider.
Proper?
In the FCPA’s modern era, much of the largeness of enforcement activity is from enforcement actions against foreign companies from peer OECD Convention countries.
The first corporate FCPA enforcement action of 2022 is another example.
Shearman & Sterling recently released its annual “Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act.”
Year in and year out, it is one of the best law firm generated FCPA year in review publications.
For years, Philip Urofsky (a former Assistant Chief of the DOJ Fraud Section where he handled FCPA matters) has been a primary author of the publication and in connection with this year’s release Urofsky announced that it would be his last “FCPA Trends and Patterns” publication as he is retiring.
As highlighted in this prior post, in 2019 Daisy Rafoi-Bleuler (a citizen of Switzerland and partner in a Swiss Wealth Management firm) was criminally charged with Foreign Corrupt Practices Act and related offenses for allegedly directing bribes to various individuals at PDVSA (Venezuela’s state-owned and state-controlled energy company).
As highlighted in this post, a judge recently dismissed the Foreign Corrupt Practices Act (and related charges) for lack of jurisdiction while also hinting that the term “agent” in the FCPA is unconstitutionally vague.
