FCPA Updates: Olympus, Esquenazi Appeal, Increased Enforcement, Department of Justice Guidance…

For your reference, here’s a roundup of recent commentary and analysis regarding the Foreign Corrupt Practices Act. From lawyers and law firms on JD Supra:

DOJ and SEC Affirm Continued Commitment to Rigorous FCPA Enforcement (Morgan Lewis):

“At the 26th annual National Conference on the Foreign Corrupt Practices Act (FCPA), held November 8 and 9, 2011, officials from the Department of Justice and the Securities and Exchange Commission stressed that both agencies are committed to FCPA enforcement and will continue their aggressive pursuit of companies that violate the FCPA.” Read full update»

Judge Imposes 15-Year Sentence in FCPA Case; Appeal to Follow (Ifrah Law – Strategic Defense in Federal Investigations):

“The FCPA prohibits bribing a foreign government official… The Department of Justice has maintained that the term ‘foreign official’ includes not only traditional government officials, but also employees of state-owned or state-controlled entities on the theory that they are an instrumentality of the foreign government. At trial, the defendants’ counsel in the Esquenazi case argued that officers and employees of state-owned enterprises are not ‘foreign officials’ under the FCPA, but the judge disagreed. The judge allowed counsel to present arguments on the issue to the jury, but the jury also did not accept them…” Read full update»

What FCPA Enforcement Is Thinking (Matteson Ellis):

“The annual National Conference on the U.S. Foreign Corrupt Practices Act (FCPA) in Washington, DC, hosted by American Conference Institute, is always a unique opportunity to hear from FCPA enforcement officials about what they are currently thinking. This year’s meeting did not disappoint.” Read full update»

US Department Of Justice To Issue FCPA Guidance In 2012 (BuckleySandler LLP)

“… the Department of Justice announced that it will offer ‘detailed new guidance on the [US FCPA’s] criminal and civil enforcement provisions’ in 2012. In the same conference keynote address, Assistant Attorney General for the Criminal Division Lanny Breuer spoke about a number of additional aspects of the US approach to anti-corruption issues, including recent enforcement initiatives, efforts at multilateral collaboration and DOJ actions to seize the proceeds of foreign officials engaged in corruption.” Read full update»

Olympus Trifecta (Thomas Fox)

“Richard Cassin author of the FCPA Blog, among others, consistently writes about corruption as ripping apart the fabric of many countries. This makes anti-corruption and anti-bribery legislation not only appropriate but mandatory. Over the past few weeks, I believe that we have seen another reason and that is that shareholders may have some comfort that the companies in which they invest are valued fairly and will not implode.” Read full update»


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