FCPA Friday: Siemens, Lindsey, and a New Compliance Database

FCPA Friday? Sure! You know, it’s exactly like Dress Down Friday, except: replace a pair of jeans and Christmas sweater with three updates from the land of the Foreign Corrupt Practices Act:

1. Regulators Listen to Senate Critics: Eight Ex-Siemens Execs Charged for FCPA Violations

From Morrison & Foerster: “The Siemens case is undoubtedly the biggest case in FCPA enforcement history: the ‘pattern of bribery’ involved was ‘unprecedented in scale and geographic reach.’ The $1.6 billion combined settlement with U.S. and German authorities remains the record-breaking anti-corruption penalty of all time. But what was missing from the Siemens case was the “cornerstone” of the Department of Justice’s “enforcement strategy”—not a single individual had been held accountable for the conduct at Siemens. That is, until yesterday…” Read on»

2. The FCPA Database – A Great New Resource for All Things Compliance

From Thomas Fox: “Yesterday the FCPA Blog wrote about a new resource available to the compliance practitioner, the FCPA Database. Intrigued by this introduction and still needing to cool off from my rant about the worst conflict of interest mistake (almost ever) made, I clicked over to the site for a visit. Boy was I impressed, the Database has a number of resources gathered in one location which can be of immediate use to the compliance practitioner. The site collects information which will be specific to the compliance practitioner…” Read on»

[FCPA Database located here]

3. Judge Dismisses Lindsey FCPA Case, Finding Prosecutorial Misconduct

From Ifrah Law: “In May 2011, a federal jury in Los Angeles convicted Lindsey Manufacturing Co., its president Keith Lindsey, and CFO Steve Lee, on foreign bribery charges for their dealings with Mexico’s state-owned electricity utility, Comision Federal de Electricidad. The prosecutors claimed that Lindsey Manufacturing retained Enrique Aguilar, a Mexican company representative, after repeatedly failing to win contracts legitimately – and that the defendants knew that the sales commission they paid to Aguilar was used to cover more than $5 million in bribes to officials at the Comision.

The defendants faced as long as five years in prison for each of five counts of bribing a foreign official, as well as five years for a conspiracy count. However on December 1, 2011, U.S. District Judge A. Howard Matz, who oversaw the jury trial, dismissed those convictions with prejudice due to government misconduct after ruling on the defense’s Motion to Dismiss and Supplemental Brief in Support of Motion to Dismiss” Read on»

See, well told you. Nice jeans, by the way.