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Complete Rubbish

rubbish

There are some things written about the Foreign Corrupt Practices that are so lacking in FCPA knowledge, so lacking in attention to detail, and so lacking in relevant FCPA context – as to be complete rubbish.

This dealbreaker.com piece (which describes itself as providing original commentary about the financial industry) by Jon Shazar is complete rubbish.

The article is titled “Feel Free To Filter Your Bribes Through Foreign-Government Owned Investment Banks” with the teaser “Bill Barr sees absolutely nothing wrong with that kind of thing” and states:

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Potpourri

Potpourri

Deficient FCPA Reporting

In this New York Times article, journalists once again demonstrate their deficient FCPA knowledge. In reference to Microsoft’s possible purchase of TikTok and the potential of the U.S. Treasury receiving a portion of the sale, the article states: “In essence, the president is promising to orchestrate the kind of pay-to-play bounty that the United States prohibits companies from making to governments of other countries under the Foreign Corrupt Practices Act.”

However, the FCPA does not prohibit business organizations from providing things of value to foreign governments – just foreign officials. As stated in the U.S. government FCPA Guidance “”The FCPA prohibits payments to foreign officials, not to foreign governments.”

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It’s Time Again To Take A Deep Breath

take a deep breath

These pages have covered Donald Trump and the Foreign Corrupt Practices Act since 2012 (see here) and long before he was President (see here and here).

Days after Trump was elected President in November 2016, this post was titled “Let’s All Take a Deep Breath When It Comes To FCPA Enforcement In The Trump Administration.” When there was not a corporate FCPA enforcement action during the (better sit down for this one – first four months of the Trump Administration) this post was titled “Let’s All Take A Deep Breath, Gaps In FCPA Enforcement Are Common.”

As highlighted below, it is time again for everyone to take a deep breath when it comes to the FCPA and Trump.

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Friday Roundup

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.

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