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briberyandcorruption
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The SEC Wants You to Self-Report

At a conference in November, the SEC’s Director of Enforcement, Andrew Ceresney, announced that, from now on, you must self-report violations of the Foreign Corrupt Practices Act if you want the Enforcement Division to recommend a non-prosecution or deferred-prosecution agreement. Even then, Mr. Ceresney warned, you may not get an NPA or DPA, but the Division won’t even consider it if you Read More

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When They Bribe On Your Behalf

If you compete for business overseas or across the border, take note of these best practices for using third-party brokers, vendors, or consultants to help you. You may not know what they’re up to over there, but that can land you in some hot water. As we’ve written before, the threat of prosecution under the Foreign Corrupt Practices Act is real, and Read More

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We’re Not Gonna Take It, Anymore!

You may want to tell your boss to take your job and shove it, but if you’re thinking of logging on one last time to wreak some havoc or raid the company’s trade secrets then think again. Over the summer, a federal court of appeals interpreted California law in a way that makes it a crime for you to access your employer’s Read More

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Shades of Gray in Rare FCPA Trial

Three weeks ago, in the first criminal trial in three years for violation of America’s foreign bribery law, the Foreign Corrupt Practices Act, the defendant suddenly pleaded guilty to steeply reduced charges in the middle of trial. Although the conviction was immediately touted as a win by the government, you can decide for yourself. The defendant, an American entrepreneur, Read More

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The Unlawful Prosecution of U.S. Senator Ted Stevens

That’s the subtitle of a new book, Not Guilty, by Rob Cary, one of the lead defense lawyers in the case. You may remember the garbage prosecution of Ted Stevens from 2008. The case received no shortage of press as it wound its way from indictment to trial to dismissal and, then, to criminal proceedings against the prosecutors who brought it. You Read More

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Beware: The Rising Tide of Anti-Bribery Enforcement Does Not Abate

They say that the Foreign Corrupt Practices Act is among the statutes most feared by companies with foreign operations, and to be sure, if you do business overseas or across the border, you’d better contend with it. The FCPA, which was enacted in 1977, is America’s—and perhaps the world’s—foremost anti-bribery law aimed at combating corporate corruption abroad. It Read More

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