This previous post highlighted a keynote address by Jay Jorgensen (Walmart Executive V.P. and Global Chief Ethics and Compliance Officer) delivered at The FCPA at 40 symposium hosted by Texas A&M University School of Law on October 12th. I will be publishing a paper “Has the FCPA Been Successful In Achieving Its Objectives?” in the Texas A&M Law Review and the answer to the question depends on the meaning of success, and even then, is complicated given that certain forms of success are near impossible to measure.
The remainder of this post highlights another recent FCPA at 40 event including comments from Jack Blum (a key staff member for Senator Frank Church’s Subcommittee during the investigation that helped to instigate the FCPA’s enactment) and Stanley Sporkin (SEC Director of Enforcement during the mid-1970’s when Congress was investigating the so-called foreign corporate payments problem). In addition, the post highlights additional FCPA at 40 events over the next 10 days.
Recently, the Frank Church Institute, Boise State University College of Business and Economics, and Holland & Hart LLP hosted an event titled “U.S. Foreign Corrupt Practices Act at 40 – Four Decades of Combatting Bribery Abroad.” See here for a video of the event.
Sporkin’s remarks begin at approximately the 15 minute mark of the video. During his comments (at the 27 minute mark), Sporkin stated that the FCPA was “the fastest I’ve ever seen a law go through, nobody opposed it.”
This is simply not true.
As highlighted in the “The Story of the FCPA” (the most detailed account ever written about the FCPA’s legislative history largely told through the voices of actual participants) and the video “The Story of the FCPA” (see here), Congress wrestled with the so-called foreign corporate payments problem for over two years and between June 1975 and September 1977, the 94th and 95th Congresses held nine hearings concerning various aspects of the problem. During this nearly 2.5 year period, approximately 20 bills were introduced in Congress and the administrations of Gerald Ford and Jimmy Carter were involved in seeking legislative. The prohibition approach prevailed, but there was significant opposition to this approach by those who favored a disclosure approach.
At the approximate 30 minute mark, Blum describes the Church committee and how in investigating Lockheed’s conduct in Germany, he learned of Lockheed conduct in Japan involving Prime Minister Tanaka, arguably the most high-profile event motivating Congress to enact the FCPA.
The remainder of this post highlights additional FCPA at 40 events over the next 10 days.
Thursday, Nov. 9th (New York University School of Law)
As highlighted here, NYU is hosting a full-day event titled “No Turning Back: 40 Years of the FCPA and 20 Years of the OECD Anti-Bribery Convention Impacts, Achievements, and Future Challenges.”
There will be keynote addresses / opening remarks from:
- Drago Kos (Chair, Working Group on Bribery, Organisation for Economic Co-operation and Development)
- Sandra Moser (Acting Chief, Fraud Section, Criminal Division, U.S. Department of Justice)
- Kenneth Blanco (Acting Assistant Attorney General, Criminal Division, United States Department of Justice)
- Steven Peikin (Co-Director, Division of Enforcement, U.S. Securities and Exchange Commission)
as well as panelists appearances by:
- Daniel Kahn (Chief, FCPA Unit, Fraud Section, Criminal Division, U.S. Department of Justice)
- Charles Cain (Chief, FCPA Unit, Division of Enforcement, U.S. Securities and Exchange Commission)
Friday, Nov. 10th (University of Virginia School of Law)
As highlighted here, UVA is hosting a full-day event devoted to the FCPA.
UVA grad Trevor McFadden (a former Justice Department official who was recently confirmed to the District Court for the District of Columbia) will be the keynote speaker.
For recent speeches by McFadden while he was at the DOJ, see here and here.
Tuesday, Nov. 14th (Webcast)
As highlighted here, The Washington Legal Foundation is hosted a live webcast from 1:00 – 2:00 p.m. eastern titled “The FCPA Approaches Middle Age: Is the Anti-Corruption Law Slowing Down or as Spirited as Ever?”
The webcast will feature Homer Moyer (Miller & Chevalier) and Lucinda Low (Steptoe & Johnson).
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