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Court In FCPA-Related Civil Claim – Causation Matters

Judicial Decision

Several prior posts (herehere, here and here) have focused on basic causation issues in connection with many Foreign Corrupt Practices Act enforcement actions.

The lack of causation between an alleged bribe payment and any alleged business obtained or retained may not be a legal defense because the FCPA’s anti-bribery provisions prohibit the offer, payment, promise to pay or authorization of the payment of money or anything of value.  Indeed, several FCPA enforcement actions have alleged unsuccessful bribery attempts in which no business was actually obtained or retained.

Nevertheless, causation ought to be relevant when calculating FCPA settlement amounts, specifically disgorgement. However, the prevailing enforcement theory often seems to be that because Company A made improper payments to allegedly obtain or retain Contract A then all of Company A’s net profits associated with Contract A are subject to disgorgement.

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Government Of Bermuda Sues Lahey Clinic Inc, In U.S. Court, Alleging Various Bribery Related Offenses

lahey

Foreign Corrupt Practices Act enforcement by the DOJ/SEC generates much interest.

However, just as interesting (perhaps more interesting because there is actual judicial scrutiny) is civil litigation which touches upon FCPA issues. (This dynamic was discussed in FCPA Ripples).

A most interesting civil case to pass along as the Government of Bermuda recently filed this civil complaint against Lahey Clinic Inc., a non-profit academic medical center incorporated in Massachusetts, alleging various bribery related offenses.

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