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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.

This post highlights issues to consider from the recent Deutsche Bank enforcement action.

Why did Avianca Holdings S.A disclose FCPA scrutiny when its executive stated on an investor conference call that the internal investigations “that have taken place to date have not identified wrongdoing.”(See here).

As discussed in this post, the policy rationale for the recently introduced Foreign Extortion Prevention Act largely mirrors the policy rationale of those in the mid-1970’s who supported addressing the so-called foreign corporate payments through a disclosure approach and not the criminalization approach that ultimately became the Foreign Corrupt Practices Act.

This post highlights a recent Sixth Circuit decision in which the court concluded that cooperating with another company’s “efforts to comply” with the FCPA does not impose upon a company the contractual obligation to comply with the FCPA.

As highlighted here, six years after Juniper Networks disclosed FCPA scrutiny, it resolved a $11.7 million enforcement action based on Russia and China subsidiary conduct. Based on the conduct alleged in the enforcement action (which is beyond any conceivable statute of limitations) as well as actual FCPA legal authority, the enforcement action is a $11.7 million joke.

Elevate your FCPA knowledge and practical skills at the FCPA Institute – Boston on October 3-4. CLE credit is available. Can’t attend the live, in-person FCPA Institute? No problem, the FCPA Institute is also online and is the most comprehensive online FCPA training course available.

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