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Richard Shine’s 1982 Lecture – “Enforcement Of The FCPA By The Department Of Justice”

By on June 16, 2022 in Enforcement Agency Policy, Enforcement Agency Speeches, Foreign Official, Foreign Officials, Foreign Policy, Legislative History
1982

The year was 1982 and Richard Shine was Chief, Multinational Fraud Branch, Criminal Division, U.S. Department of Justice (the name given to the DOJ’s then de facto FCPA Unit).  Shine gave a lecture titled “Enforcement of the FCPA by the Department of Justice” at Syracuse University that was published by the Syracuse Journal of International Law & Commerce – see 9 Syr. J. Int’l L. & Com. 283 (1982).

Three things stand out from Shine’s lecture.

First, the lecture is populated with references to the FCPA’s legislative history.  On one level, this is not surprising given that in 1982 the DOJ was likely still finding its way as to the FCPA and its enforcement and it is logical that the legislative history – which evidences Congressional intent – would be a guide.

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In The Words of Stanley Sporkin

By on November 11, 2021 in Legislative History
sporkin

Stanley Sporkin passed away in March 2020 and this prior post highlighted his contributions relevant to the enactment of the Foreign Corrupt Practices Act (he was the head of SEC enforcement during the mid-1970’s) as well as his advocacy for FCPA reform later in his career.

Recently the Historical Society of the District of Columbia Circuit released this oral history of Sporkin.

As relevant to the FCPA, Sporkin stated:

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The FCPA Turns 42

By on December 19, 2019 in Legislative History
42

Today our favorite statute, the Foreign Corrupt Practices Act, turns 42.

In signing the FCPA into law, President Jimmy Carter stated:

“I am pleased to sign into law S. 305, the Foreign Corrupt Practices Act of 1977 and the Domestic and Foreign Investment Improved Disclosure Act of 1977. During my campaign for the Presidency, I repeatedly stressed the need for tough legislation to prohibit corporate bribery. S. 305 provides that necessary sanction. I share Congress’s belief that bribery is ethically repugnant and competitively unnecessary. Corrupt practices between corporations and public officials overseas undermine the integrity and stability of governments and harm our relations with other countries. Recent revelations of widespread overseas bribery have eroded public confidence in our basic institutions.

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Flashback To The Mid-1970’s Regarding The Demand Side

By on August 28, 2019 in Congressional Activity, Demand for Bribes, Legislative History
1970s

Previous posts here and here discussed the recently introduced Foreign Extortion Prevention Act which seeks to “prohibit a foreign official from demanding a bribe” by amending – not the FCPA – but rather 18 USC 201 (the so-called domestic bribery statute).

In introducing the bill, Representative John Curtis (R-UT), one of the co-sponsors, stated. “Currently, a business being extorted for a bribe can only say ‘I can’t pay you a bribe because it is illegal and I might get arrested.’ This long-overdue bill would enable them to add, ‘and so will you.”

This remark caused a mid-1970’s flashback because, as highlighted below, it largely mirrors the policy rationale of those who supported addressing the so-called foreign corporate payments through a disclosure approach and not the criminalization approach that ultimately became the Foreign Corrupt Practices Act.

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