I am pleased to share a download link (here) to my article “Grading The Foreign Corrupt Practices Act Guidance” recently published in Bloomberg / BNA’s White Collar Crime Report.
The article abstract is as follows.
This article is a critical analysis of the Foreign Corrupt Practices Act Guidance released by the Department of Justice and Securities and Exchange Commission. Issues discussed in the article include the following: (i) the enforcement agencies’ motivations in issuing the Guidance and the fact that it should have been issued years ago; (ii) the utility of the Guidance from an access-of-information perspective and how the Guidance can be used as a measuring stick for future enforcement agency activity; (iii) how the Guidance is an advocacy piece and not a well-balanced portrayal of the FCPA as it is replete with selective information, half-truths, and, worse information that is demonstratively false; (iv) how, despite the Guidance, much about FCPA enforcement remains opaque; and (v) how, despite the Guidance, FCPA reform remains a viable issue.
Interested in additional discussion and analysis of the Guidance?
Sign up for this free webinar on Monday, December 17th at 1 p.m. EST. Joining me in analyzing the Guidance will be William Sullivan (Partner, Pillsbury, Winthrop, Shaw, Pittman LLP); Sandra Lee Fenske (Vice President and General Counsel, Lockheed Martin) and Jason Montgonery (Director of Research, Laurel Hill Advisory Group).
