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And The Apple Goes To …


Debevoise & Plimpton’s FCPA Update is consistently one of the best periodic Foreign Corrupt Practices Act publications around.

The most recent issue contains a dandy article by Andrew Levine, Bruce Yannett, Philip Rohlik which focuses on the DOJ’s recent so-called declinations.

For not believing the hype regarding the DOJ’s so-called declinations – as several FCPA commentators have – but rather analyzing the salient question posed by the so-called “declinations,” the Debevoise authors are awarded the FCPA Apple Award which recognizes informed, candid, and fresh thought-leadership on the Foreign Corrupt Practices Act or related topics.

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Blowing The Whistle On Recent Commentary


Pardon me for being that guy, but in the Foreign Corrupt Practices Act space someone needs to put on the stripes every now and then and blow the whistle.

This post does just that regarding certain recent “declination” commentary including the recent Johnson Controls enforcement action. For prior posts on the DOJ’s recent so-called “declinations” in the Nortek and Akamai see this post titled “Dont’ Believe the Hype, Rather Ask What Viable Criminal Charges Did the DOJ Actually Decline.” For prior posts on the Johnson Controls enforcement action see here, here, and here.

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Friday Roundup


Scrutiny alerts and updates, sentenced, asset recovery, to FCPA Inc., across the pond, quotable and for the reading stack.

It’s all here in the Friday roundup.

Scrutiny Alerts and Updates

Grupo Televisa

This Wall Street Journal article concerns Grupo Televisa SAB, a Mexican broadcaster with shares traded on the NYSE. According to the article:

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It Is Pure Speculation To Say That Nortek / Akamai Benefited Or Received An Excellent Result From Its Disclosure


Several law firm client alerts and commentary about last week’s Nortek and Akamai Technologies enforcement actions are carrying forward the conventional wisdom that the companies benefited from their voluntary disclosure and cooperation because the SEC resolved the matters via non-prosecution agreements and the DOJ “declined” to prosecute. Taking it a stop further, this commentator asserts that “these enforcement actions resulted in excellent results for both companies.”

However, it is pure speculation to say that Nortek or Akamai benefited or that the enforcement actions resulted in excellent results for the companies.

To state the obvious, in the Nortek and Akamai enforcement actions (as well as other enforcement actions which originate from voluntary disclosures) we know what we know and we don’t know what we don’t know.

What we don’t know is what would have happened if Nortek and Akamai did not disclose its internal findings of possible FCPA issues to the SEC and DOJ.

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Issues to Consider From The Nortek And Akamai Technologies Enforcement Actions


Previous posts here and here highlighted the SEC’s recent Foreign Corrupt Practices Act enforcement actions against Nortek and Akamai Technologies.

This previous post highlighted the DOJ’s so-called “declination” letters and posed the salient question – what viable criminal charges did the DOJ actually “decline”?

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

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