Tags » Foreign Corrupt Practices Act

The "FCPA Cash Cow" Story Is Bull: Why Vigorous Enforcement Is Not About Raising Revenue

Occasionally one hears—particularly though not exclusively from the U.S. business community and corporate defense bar—the assertion that aggressive U.S. enforcement of the Foreign Corrupt Practices Act (FCPA) is the result, at least in part, of the desire to raise revenue for the U.S. 912 more words

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The Internal Revenue Service's (Potential) Role in Combating Foreign Bribery

The uptick in FCPA investigations in recent years is well-known. The two agencies responsible for FCPA enforcement—the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)—now have special units focused on FCPA cases. 1,144 more words

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Private Law Suits for Corruption:  Am I Missing Something?

As explained in earlier posts (here and here), I am working with the Open Society Justice Initiative on a project to examine how civil society can prompt more corruption-related litigation  — either by stimulating criminal prosecutions or filing civil suits itself. 467 more words

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Whistle While You Work: Protections for Internal Whistleblowers under Dodd-Frank

One of the many objectives of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was to encourage whistleblowers to report securities violations—including violations of the Foreign Corrupt Practices Act (FCPA)—to the Securities and Exchange Commission (SEC). 1,151 more words

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“Charitable Giving” -- A Way Around the FCPA? Part I

The facts below were alleged in a recent case involving Hyperdynamics Corporation, an American firm whose sole asset is an oil concession in Guinea:

* In 2005 the Secretary General of Guinea told the company that “further review” of its concession was necessary.  889 more words

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Can the OECD Convention Prevent FCPA Backsliding?

A little while back I expressed some concern (perhaps excessive) about the possibility that we might be seeing a revitalized movement to “reform” (that is, weaken) the FCPA; I also… 877 more words

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NYU Roundtable on the DOJ Fraud Section's New "Corporate Compliance Counsel": The Video and Some Thoughts

As many readers are likely aware, the U.S. Department of Justice Fraud Section (now headed by Andrew Weissmann), which has responsibility for enforcing the Foreign Corrupt Practices Act (among other things), recently… 949 more words

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