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Amec Foster Wheeler / John Wood Group Enforcement Actions – What Actually Was Accomplished?

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Previous posts here, herehere and here highlighted various aspects of the recent U.S. and U.K. enforcement actions against Amec Foster Wheeler / John Wood Group.

The enforcement actions included: (i) a net $17.7 million FCPA enforcement action concerning conduct in Brazil; (ii) a net $142 million U.K. enforcement action concerning conduct in Brazil, Nigeria, Saudi Arabia, Malaysia, and India; and (iii) a net approximately $17 million Brazil enforcement action concerning conduct in Brazil.

That is a lot of money going into government coffers, but the question needs to be asked: what actually was accomplished through these enforcement actions?

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18 USC 3292

Laws

Not the most exciting title that is for sure, but 18 USC 3292 can play an important role in FCPA enforcement in terms of the statute of limitations.

The statutory provision states in full:

(a) (1) Upon application of the United States, filed before return of an indictment, indicating that evidence of an offense is in a foreign country, the district court before which a grand jury is impaneled to investigate the offense shall suspend the running of the statute of limitations for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country.

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U.S. Court Denies Norway’s Extradition Request Of Former Yara International Executive

Judicial Decision

On March 17, 2021, the DOJ filed under seal a complaint pursuant 18 USC 3184 captioned “In the Matter of The Extradition of Kendrick Taylor Wallace.” In the complaint, filed in the U.S. District Court for the Middle District of Florida, the DOJ stated that Norway “has submitted a formal request through diplomatic channels for the extradition of Kendrick Taylor Wallace, a U.S. citizen.”

Wallace previously served as the Chief Legal Officer, and was also a member of the corporate management team, of Yara International ASA (Yara) (one of the world’s largest producers of mineral fertilizers) and the complaint references that Wallace was convicted of criminal offenses in Norway for bribery schemes involving “a Libyan government official and an Indian government official in connection with negotiations to establish joint venture agreements concerning fertilizer production with state-controlled companies in Libya and India.”

Recently, the court denied the extradition request and dismissed the DOJ’s complaint. (See 2021 WL 2401906).

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FCPA Flash Podcast – A Conversation With Jane Shvets Regarding 2020 FCPA Developments

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The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash podcast episode is a conversation with Jane Shvets (Debevoise & Plimpton). Recently, the firm released it always informative FCPA Update and during the podcast Shvets talks about: (i) FCPA relevant portions of the recently enacted National Defense Authorization Act for Fiscal Year 2021; (ii) whether the DOJ’s “anti-piling” policy is indeed true in practice; (iii) the unusual Beam enforcement action and what it says about FCPA enforcement; and (iv) what the future may hold for FCPA enforcement.

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Issues To Consider From The Vitol Enforcement Action

Issues

This prior post highlighted the net $90 million Foreign Corrupt Practices Act enforcement action against Vitol for conduct in Brazil, Ecuador and Mexico. This prior post took a closer look at the net $28.8 million enforcement action brought by the Commodity Futures Trading Commission based on the same core conduct.

This post continues the analysis by additional issues to consider from the FCPA enforcement action.

Gaining Access to Confidential Information

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