Category Archives: FCPA

Key Takeaways

• DOJ continues to focus on corporate self-disclosure and remediation, individual accountability, and international cooperation on corruption matters.
• DOJ is putting new emphasis on the use of compensation system incentives and the threat of clawbacks to encourage compliance efforts by individual employees
• International efforts to improve whistleblower protections and increase beneficial ownership transparency continued to gain momentum

U.S.… More

Key Takeaways:

• DOJ revised its Corporate Enforcement Policy (CEP) to further incentivize robust voluntary disclosures by corporations when they discover misconduct.
• Even when aggravating circumstances would otherwise warrant criminal resolution, prosecutors will now have discretion to decline to prosecute when a company provides extraordinary cooperation.
• Recognizing the unique opportunity to encourage disclosure and remediation in M&A transactions, DOJ took the opportunity to highlight particular benefits available in that context.…

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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

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

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