Linde Archives - FCPA Professor

Friday Roundup

By Mike Koehler on August 25, 2017 in CDM Smith, Declination Decisions, FCPA Investigative Costs, Investigative Fees, ISO 37001, Linde, Mahmoud Thiam, Misonix, Och-Ziff Capital, Och-Ziff Capital Management

Overhead at the town hall meeting, sentenced, investigative fees, “fake” FCPA news, fairly obvious, hook-line-and-sinker, fore, pardon me for being a stickler, ISO37001 related, and purely speculative and not credible.

It’s all here in the Friday roundup

Overhead at the Town Hall Meeting

I can’t imagine that the FCPA is a frequent topic of discussion at New England town hall meetings. But as highlighted here it was recently a topic of discussion as “the new operator of a popular ski resort in New Hampshire [Och-Ziff] faced off against concerned residents, some of whom fear the company’s past legal troubles raise doubts about whether it was the right choice to oversee the facility.”

Friday Roundup

By Mike Koehler on July 7, 2017 in CDM Smith, Collateral Effects, DOJ FCPA “Pilot Program”, Kokesh, Linde, Siemens, Voluntary Disclosure

Quotable, FCPA issues at City Hall, and for the reading stack. It’s all here in the Friday roundup.

Quotable

In this recent post titled “Judicial Scrutiny of Corporate Monitors: Additional Uncertainty for FCPA Settlements?” Debevoise attorneys Andrew Levine, Philip Rohlik and Michael Gramer note:

“Like many other complex corporate criminal matters, FCPA matters largely get resolved without meaningful judicial oversight. […] In complex cases, corporate criminal enforcement can follow the largely consensual process that has evolved in the FCPA arena. After a long period of investigation, in which a company often cooperates, the company and DOJ negotiate a resolution, based on legal theories and facts largely determined by the DOJ.

Friday Roundup

By Mike Koehler on June 23, 2017 in Diageo, Goldman Sachs, Individual Enforcement Action, Linde, Malcolm Harris, Nomura Securities, Uncategorized, Venezuela

Guilty plea, scrutiny alerts, absurd and remarkable, and Caldwell to private practice. It’s all here in the Friday roundup.

Guilty Plea

As highlighted in this January post, the DOJ announced Foreign Corrupt Practices Act, and related charges, against four individuals for their roles in a scheme to pay $2.5 million in bribes to facilitate the $800 million sale of a commercial building in Vietnam to a Middle Eastern sovereign wealth fund.

Issues To Consider From The Linde Enforcement Action

By Mike Koehler on June 20, 2017 in Disgorgement, DOJ FCPA “Pilot Program”, Linde, Statute of Limitations, Voluntary Disclosure

This previous post highlighted the DOJ’s recent $11.2 million declination with disgorgement and forfeiture against Linde for nearly decade-old conduct of an acquired entity.

This post continues the analysis by highlighting additional issues to consider.

Voluntary Disclosure

Nearly all decisions to voluntary disclose should be questioned (see this article for the reasons why), but Linde’s decision to voluntarily disclose should seriously be questioned.

The First Corporate FCPA Enforcement Action In The Trump Era Is A $11.2 Million Declination With Disgorgement And Forfeiture Against Linde For Nearly Decade-Old Conduct Of An Acquired Entity

By Mike Koehler on June 19, 2017 in 2017 Enforcement Actions, Declination Decisions, Disgorgement, DOJ Enforcement Action, DOJ FCPA “Pilot Program”, Georgia, Linde, Oil and Gas Industry, Spectra Gases, Successor Liability, Voluntary Disclosure

Last Friday the DOJ quietly updated its FCPA Pilot Program “declinations” page to include a June 16th letter from the Fraud Section and the U.S. Attorney’s Office (D.N.J.) to counsel for Linde North America Inc. and Linde Gas North America LLC.

The letter states that “consistent with the FCPA Pilot Program announced on April 5, 2016, the [DOJ is closing its] investigation of [Linde] and certain of their subsidiaries and affiliates concerning violations of the FCPA.”

Pursuant to the letter agreement, Linde agreed to disgorge or forfeit approximately $11.2 million. The Linde enforcement action is the first corporate FCPA enforcement action in the Trump era and is similar to the previous “declinations with disgorgement” enforcement actions released by the Obama DOJ in September 2016. (See here for a prior post).

Top Menu

Navigation

Friday Roundup

Friday Roundup

Friday Roundup

Issues To Consider From The Linde Enforcement Action

The First Corporate FCPA Enforcement Action In The Trump Era Is A $11.2 Million Declination With Disgorgement And Forfeiture Against Linde For Nearly Decade-Old Conduct Of An Acquired Entity

Subscribe