Should a company subject to the Foreign Corrupt Practices Act refuse to hire a law firm that employs an attorney who helped create – while at the DOJ or SEC’s FCPA Unit – the enforcement climate the company is now
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500.com and the Specter of “Chinese-Issuer” Enforcement
A guest post from Eric Harris (a White Collar Defense Attorney and Anti-Corruption Compliance Consultant).
The DOJ and SEC recently announced an enforcement action against BIT Mining Ltd., which is the successor entity of 500.com. The action was brought against…
Does The SEC Even Need An FCPA Unit?
When you run a daily website such as this for 14 years there is sometimes a cycle of coverage.
For instance, over the years November posts typically include the fact that the FCPA “tips” are a minor component of the…
Digicel Discloses FCPA Scrutiny
This prior post from a few months ago highlighted a Wall Street Journal article regarding Digicel and chaotic business conditions in Haiti. The article did not suggest that Digicel made any improper payments in Haiti, but the post did speculate…
UPS Delivers A $45 Million Books And Records, Internal Controls Matter
The Foreign Corrupt Practices Act has always been a law much broader than its name suggests.
Sure, the FCPA contains anti-bribery provisions which concern foreign bribery.
Sure, the FCPA’s books and records and internal controls provisions can be implicated in…
More False FCPA Information
The amount of false Foreign Corrupt Practices Act information in the public domain is troubling.
Including by individuals who portray themselves as FCPA experts.
For instance, this post published on November 21st states: “The Justice Department’s record of FCPA enforcement…
A Closer Look At The DOJ FCPA (And Broader) Enforcement Action Against Various Individuals Associated With Adani Group and Azure Power
As indicated in this prior post, the SEC’s FCPA enforcement action against Cyril Sebastien Dominique Cabanes (“Cabanes” an individual associated with Azure Power – a former U.S. issuer) and the SEC’s securities fraud action against two senior executives of…
SEC Brings First FCPA Individual Action Since 2020
Yesterday, the SEC announced a Foreign Corrupt Practices Act enforcement action against Cyril Sebastien Dominique Cabanes (“Cabanes”) – a French citizen and resident of Singapore who was previously a member of the board of directors of Azure Power Global Limited…
An FCPA First*
Foreign Corrupt Practices Act enforcement actions against a company based on the conduct of a Chinese subsidiary are numerous (including instances in which the Chinese subsidiary is part of the resolution process).
FCPA enforcement actions against Chinese companies for violations…