On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential violations of the Foreign Corrupt Practices Act (FCPA). The ruling in Baker v. Smith & Wesson, Inc., 40 F.4th 43 (1st Cir. 2022) is the second recent decision narrowing the important whistleblower protections of the Act,… More
Category Archives: FCPA
Foreign Executive’s FCPA Convictions Overturned
District Court Finds Insufficient Evidence That He Acted As Agent of U.S. Subsidiary
On February 26, 2020, a federal judge in Connecticut granted in part the motion for acquittal of a former senior executive with the French power and transportation company Alstom S.A., overturning a jury verdict that found him guilty on seven counts of violating or conspiring to violate the Foreign Corrupt Practices Act (FCPA).1 As we reported in a prior alert,… More
Foreign Executive Found Guilty of FCPA Violations
Anthony D. Mirenda and Shrutih V. Tewarie recently authored a White Collar Crime and Government Investigations Alert about a foreign executive convicted under the Foreign Corrupt Practices Act based on evidence that he acted as an agent of a U.S. subsidiary in carrying out a bribery scheme. The case, which has already been appealed to and remanded from the Second Circuit, raises important questions about the extraterritorial application of the FCPA.… More