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This Week On FCPA Professor


FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

Compliance professionals should develop the skill of flipping enforcement action allegations into “best practices.” As highlighted in this post, several allegations in the recent Panasonic enforcement action can be flipped into “best practices.”

Certain FCPA enforcement actions against foreign companies are based on dollar-denominated financial transactions or other U.S. financial transactions. As highlighted here, in a recent non-FCPA case the Supreme Court questioned in dicta whether dollar-denominated transactions or other financial transactions in the U.S. are sufficient to assert jurisdiction over foreign corporations.

As highlighted here, recently in an FCPA matter a federal trial court judge questioned whether DPAs allow “under-prosecution” of egregious instance of corporate bribery.

As highlighted in this post, the DOJ announced a non-binding policy discouraging “piling on” by instructing DOJ “components to appropriately coordinate with one another and with other enforcement agencies in imposing multiple penalties on a company in relation to investigations of the same misconduct.” This post provides additional analysis: in short, discouraging “piling on” sounds great, but it all depends what “piling on” means.

As highlighted here, in connection with a scheme to bribe United Nations officials Ng Lap Seng was sentenced to 48 months in prison and three years of supervised release. In addition, Seng was ordered to pay a $1 million fine, $302, 977 in restitution to the United Nations and the judge also ordered a forfeiture money judgment of $1.5 million.

How much do you know about the Foreign Corrupt Practices Act? Let’s find out in this week’s FCPA challenge.

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