How Much Do You Really Know About The FCPA?
You know about the Foreign Corrupt Practices Act.
But how much do you really know?
Do you know why Congress passed the FCPA and the various legislative responses Congress considered in addressing the so-called foreign corporate payments problem? See here for “The Story of the FCPA.”
Have you ever actually read the FCPA statute? It can be found here (in 50 different languages).
Questions
Dan Seltzer (
This post poses a number of questions to Seltzer in an effort to understand some of his assertions and commentary.
Can you provide the number of “FCPA-like” enforcement actions the U.K., France, and Switzerland have each brought over the last decade?
Can you identify any “FCPA-like” enforcement action ever brought by the Attorney General of California. (Note: not an “FCPA-like” action brought by a private plaintiff, but an “FCPA-like” action brought by the State of California). More broadly, can you identify any “FCPA-like” enforcement action ever brought by any state?
DOJ “Intends To Proceed To Trial” In Two Other Pending FCPA Matters
Last week when the DOJ dismissed its long-standing FCPA enforcement action against former Cognizant Executives Gordon Coburn and Steven Schwartz, I told anyone who would listen that it was wrong to view the development exclusively through the lens of the Executive Order given that the matter had several legal and factual deficiencies.
Since then, the DOJ earlier this week filed a notice to proceed to trial in the FCPA (and related) matter against Smartmatic executives (and others). (See here).
Earlier today, the DOJ filed notices indicating that it “intends to proceed to trial” in two additional, separate FCPA matters.
Steven Schwartz Statement
Earlier today, Judge Michael Farbiarz (D.N.J.) ordered dismissal of the DOJ’s FCPA enforcement action against Steven Schwartz (former Executive Vice President, Chief Legal and Corporate Affairs Officer at Cognizant Technology Solutions) and Gordon Coburn (former President of Cognizant).
The following statement is from Steven Goldberg, a spokesperson for Schwartz.
“Steven Schwartz is pleased and relieved that this case is finally over. As we have maintained all along, he is innocent, and these charges should never have been brought. This matter has consumed his life for almost nine years, cost him so much personally and professionally, and has been an incredibly painful experience for him and his family. He is very thankful to all who assisted and stood by him throughout. Mr. Schwartz is looking forward to moving on and devoting his time and attention to the philanthropic causes he cares deeply about and helping early stage companies grow and create job opportunities.”
FCPA Institute – Zoom (April 8-10)
Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of professionals from around the world. The FCPA Institute began as an in-person event, but shifted to Zoom in 2020. The Zoom event is time and cost efficient and has resulted in greater participation from professionals around the world.
The next FCPA Institute – Zoom will be offered on April 8-10 and consists of 9 hours of integrated and cohesive instruction (each day from 7:00 a.m. -10:00 a.m. U.S. central) led by Professor Koehler, an FCPA expert with FCPA practice and teaching experience.