FCPA Flash Podcast – A Conversation With Philip Urofsky Regarding 2018 FCPA Trends And Developments
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 Philip Urofsky (Shearman & Sterling and a former FCPA enforcement official at the DOJ). During the podcast, Urofsky elaborates on various issues such as jurisdiction over foreign actors and parent-subsidiary issues found in the firm’s always informative FCPA Digest. Urofsky also opines on what the FCPA enforcement landscape might look like if business organizations would put the government to its burden of proof in enforcement actions.
What Others Are Saying About U.S. v. Hoskins
Previous posts here and here analyzed the Second Circuit’s recent decision in U.S. v. Hoskins.
This post continues the coverage by highlighting what others are saying about the rare FCPA appellate court decision.
Excerpted below are approximately 25 law firm client alerts on the topic.
Second Circuit Rejects DOJ’s Expansive Jurisdictional Theory Of Prosecution In U.S. v. Hoskins
Appellate decisions construing the Foreign Corrupt Practices Act are extremely rare. Thus, many in the FCPA community have been awaiting the Second Circuit’s long-awaited (oral argument was held in March 2017 – see here) decision in U.S. v. Hoskins.
In this decision, the court rejected the DOJ’s expansive jurisdictional theory of prosecution against Lawrence Hoskins, a U.K. national. In many respects, the Second Circuit’s decision was based on the FCPA’s legislative history – demonstrating once again that the legislative history matters (see here for a prior post).
DOJ Quietly Releases “Declination With Disgorgement” Letter Agreement Concerning Insurance Corp. Of Barbados Ltd.
Yesterday, the DOJ quitely posted to its FCPA website this “declination with disgorgement” letter concerning Insurance Corporation of Barbados Limited (ICBL).
Pursuant to the agreement, ICBL agreed to pay approximately $94,000 to the U.S. for alleged bribes to a Barbadian government official in exchange for insurance contracts.
The full text of the DOJ’s letter to ICBL’s counsel (Adam Siegel – Freshfields Bruckhaus Deringer) is as follows.
Friday Roundup
Motion to dismiss denied, scrutiny alert, guilty plea, reverse, FCPA resolution template, perplexing, funny, and fake news. It’s all here in the Friday roundup.
Motion to Dismiss Denied
As highlighted in this prior post, in November 2017 the DOJ announced that Chi Ping Patrick Ho (of Hong Kong, China) and Cheikh Gadio (of Senegal) were criminally charged with conspiring to violate the FCPA, violating the FCPA, conspiring to commit international money laundering, and committing international money laundering.