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Hats Off To Urofsky


Shearman & Sterling recently released its annual “Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act.”

Year in and year out, it is one of the best law firm generated FCPA year in review publications.

For years, Philip Urofsky (a former Assistant Chief of the DOJ Fraud Section where he handled FCPA matters) has been a primary author of the publication and in connection with this year’s release Urofsky announced that it would be his last “FCPA Trends and Patterns” publication as he is retiring.

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Wakil Enforcement Action – Obtain Or Retain Business?

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This previous post summarized the DOJ’s criminal charges against Naman Wakil regarding an alleged bribery scheme in Venezuela.

Should the case be litigated, there will be some interesting legal issues to consider including “obtain or retain” business.

The FCPA’s anti-bribery provisions are not an all-purpose corporate ethics statute, but rather a limited statute with specific elements that must be met for there to be a violation.

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Observations From The OECD’s Phase 4 U.S. Review Report


Recently, the OECD released its Phase 4 review of the United State’s implementation of the OECD Anti-Bribery Convention … in effect a review of the FCPA, its enforcement, and related issues.

The first question one needs to ask themselves is whether they care what “experts from Argentina and the United Kingdom” (as stated by the OECD “the report and its recommendations reflect the findings of experts from Argentina and the United Kingdom”) think about the U.S. Foreign Corrupt Practices Act, U.S. law enforcement (DOJ and SEC) policies and practices, and U.S. jurisprudence.

In any event, the Phase 4 Report “explores issues such as detection, enforcement, corporate liability, and international cooperation, as well as covering unresolved issues from prior reports.” (See here for a 2010 post summarizing the OECD’s Phase 3 review).

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Issues To Consider From The J&F Enforcement Action


This previous post summarized the recent $155 million FCPA enforcement action against J&F Investimentos S.A. (a Brazilian holding company) and a related entity for allegedly bribing Brazilian officials.

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

Piling On

The DOJ can claim that it has an anti-piling on policy (see here). However, piling on is precisely what the DOJ (and SEC) did in the recent enforcement action.

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Issues To Consider From The Sargeant Marine Enforcement Action


This prior post went in-depth into the recent Foreign Corrupt Practices Act enforcement action against Sargeant Marine Inc. (SMI) and this post continues the analysis by highlighting additional issues to consider.

Why Disclose?

For approximately 15 years, the DOJ has been encouraging business organizations to voluntarily disclose FCPA violations. Yet, time and time again, the DOJ undermines its goal by how it resolves certain enforcement actions.

The SMI matter is the latest example that should cause a board member, audit committee member or others involved in the voluntary disclosure decision to pause.

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