“Africa Sting” FCPA Charges Dismissed

From law firm Morrison & Foerster, a preliminary look at the dismissal of all charges in the “Africa Sting” Foreign Corrupt Practices Act trial. It’s a useful reminder that – even when there’s no clear evidence of wrongdoing – multinationals without compliance programs that draw clear lines between appropriate and inappropriate activities still run the risk of prosecution:

“Jurors were … troubled by the nature of the FBI sting operation, specifically with the vague language used by agents and Bistrong during the sting, such as using the word ‘commission’ instead of ‘bribe’. Jurors struggled in instances where it seemed that the defendants had not sought out the deal, expressing concerns that the sting operation demonstrated overreaching by the government. Some jurors could not determine whether these defendants actually intended to violate the FCPA because they felt the defendants would never have been involved in the deal without the government’s interference.”

Read the full update, Most Severe Setback To DOJ Thus Far In FCPA Prosecutions: Judge Dismisses All Charges In Africa Sting Case, Morrison & Foerster LLP»See also: Largest Indictment for an FCPA Case is Dismissed, Snell & Wilmer L.L.P.»