Newmont Mining Archives - FCPA Professor

Rebooting A Long-Standing FCPA Proposal In The Aftermath Of Newmont Mining’s Recent Disclosure

By Mike Koehler on July 27, 2017 in Declination Decisions, FCPA Reform, Newmont Mining, Uncategorized, Voluntary Disclosure

In the aftermath of a recent Foreign Corrupt Practices Act disclosure by Newmont Mining, this post reboots a proposal first suggested in August 2010 (see here), further proposed in August 2016 (see here), and proposed again in March 2017 (see here).

The proposal is this: when a company voluntarily discloses an FCPA internal investigation to the DOJ and/or SEC and when one or both of the enforcement agencies do not bring an enforcement action, have the “declining” enforcement agency publicly state, in a thorough and transparent manner, the facts the company disclosed and why the “declining” agency did not bring an enforcement action based on those facts.

Friday Roundup

By Mike Koehler on April 28, 2017 in Andras Balogh, Bio-Rad, Cosan, Elek Straub, Enforcement Agency Policy, Enforcement Agency Speeches, FCPA Trials, KBR, Magyar Telekom, Multimedia, Newmont Mining, Ng Lap Seng, Novartis, Related Civil Litigation, Sanford Wadler, Tamas Morvai, Whistleblowers

Selective SEC release, scrutiny alert, from the docket, for the reading stack, for your viewing pleasure, and a survey. It’s all here in the Friday roundup.

Selective SEC Release

Since it was filed in December 2011, this site has closely followed the SEC’s long-standing Foreign Corrupt Practices Act enforcement action against former Magyar Telekom executives Elek Straub (former Chairman and CEO); Andras Balogh (former Director of Central Strategic Organization); and Tamas Morvai (former Director of Business Development and Acquisitions) with various FCPA and related offenses. (See here for the prior post).

The complaint alleged, in connection with a bribery scheme in Macedonia and Montenegro, that the individuals violated or aided and abetted violations of the FCPA’s anti-bribery, books and records, and internal controls provisions; knowingly circumvented internal controls and falsified books and records; and made false statements to the company’s auditor.

Friday Roundup

By Mike Koehler on April 22, 2016 in 21st Century Fox, Anything of Value, AT&T, Citibank, CreditSuisse, Dmitrij Harder, Golf, HSBC Holdings, JPMorgan, Julius Baer Group, KPMG, Newmont Mining, Nike, Petrofac, PTC, Related Foreign Investigations, SQM, Standard Chartered, Statute of Limitations, UBS

Harder pleads guilty, scrutiny alerts and updates, when the dust settles, visual proof, and golf. It’s all here in the Friday roundup.

Harder Pleads Guilty

As highlighted in this post, in January 2015 the DOJ announced a Foreign Corrupt Practices Act enforcement action against Dmitrij Harder for allegedly bribing an official with the European Bank for Reconstruction and Development. Harder is a Russian national, naturalized German citizen and permanent resident of the U.S. and the former owner and President of Chestnut Consulting Group Inc. and Chestnut Consulting Group Co. both based in Pennsylvania.

The enforcement action was notable in that it invoked the rarely used “public international organization” prong of the FCPA’s “foreign official” definition.

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Rebooting A Long-Standing FCPA Proposal In The Aftermath Of Newmont Mining’s Recent Disclosure

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