When Assistant Attorney General Lanny Breuer was recently asked to comment on enforcement of the Foreign Corrupt Practices Act in 2009, he minced no words: “One can say without exaggeration that this past year was probably the most dynamic single year in the more than 30 years since the FCPA was enacted.”  He’s not kidding. [...]

  As reported today in Corporate Counsel magazine, anti-corruption enforcement is bulking up (click here for article).    Mark Mendelsohn, deputy chief of the DOJ fraud section’s criminal division, said his section “may grow as much as 50 percent in size in the next year or two.”  At the same time, he added, he expects companies to [...]

  As we have commented on in numerous posts (click here), enforcement activity under the Foreign Corrupt Practices Act continues to increase.  We have reported on how federal prosecutors are utilizing other statutes to attack corrupt business payments that may not fall under the ambit of the FCPA. Moreover, the number of government entities looking [...]

Since so many Posse List members (contract attorneys, law firms, computer forensics specialists, etc.) are working on Foreign Corrupt Practices Act (FCPA) matters we thought the most recent bi-annual Shearman & Sterling FCPA report would be of interest.   The report provides current and comprehensive information on U.S. foreign bribery proceedings including criminal prosecutions, DOJ foreign bribery civil [...]

  Ok, maybe Gordon Gekko did not say that but he could have.  Anyway, we used it because the Wall Street sequel hits the streets soon (click here) and several Posse List members working on an entertainment project in LA got a special invite and saw some clips/rushes and loved it.  As we have reported, FCPA [...]

    The summer and Labor Day holidays are over, and so we are off.   The ILTA conference (our coverage is here) held two weeks ago was an eye-opener on new trend lines, jobs for contract attorneys, etc. — especially the amount of Federal government work in the pipeline and the surge in work in Europe.  We’ll have [...]

In 2005, Monsanto acknowledged violations of the Foreign Corrupt Practices Act (FCPA) following its self-disclosure of inappropriate payments by former employees to Indonesian government officials. That self-disclosure led to the entry of a Deferred Prosecution Agreement (DPA) with the U.S. Department of Justice (DOJ) and a related cease-and-desist order with the Securities and Exchange Commission [...]

The rapidly changing economic landscape presents countless challenges to global organizations, not the least of which is compliance with the Foreign Corrupt Practices Act (FCPA).  U.S. companies with foreign operations face new risks that can muddy the FCPA compliance waters. For instance, increasing M&A activity may mean acquiring the liability for someone else’s FCPA violation, [...]

As we mentioned in our “Trends” posting last month, FCPA cases were at a high in 2008 and will continue upward in 2009.  Contract attorneys in DC, NYC, LA, Chicago, etc. have seen 2009 open with a flurry of FCPA and related litigation document reviews.   On his D&O blog yesterday, Kevin LaCroix references the January [...]

We have read the public comments by Peter Löscher (the press releases, the choreographed interviews) of “Siemens endorses clean business” and we agree they were a tremendous help to their position.  And the Arthur Andersen prosecution in the aftermath of the Enron scandal certainly made the DOJ gun-shy on a full court press. Löscher has done [...]