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Entries in Foreign Official (136)

Wednesday
Jan282015

SEC recommends FCPA charges against BNY Mellon for sovereign wealth fund practices

Bank of New York Mellon Corp. said the SEC has recommended an enforcement action for possible FCPA violations related to the bank's dealings with sovereign wealth funds.

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Tuesday
Jan272015

International Franchising and the FCPA (Part Two): A Flock of Foreign Officials 

This post continues from Part One: Vicarious Liability. There are several types of foreign officials that interact with a franchise’s broad array of potential agents abroad, which generates anti-corruption risks.

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Monday
Jan122015

Not every princeling job is a ‘thing of value’

In our era of talk shows, sound bytes, and political polarization, we can easily lose sight of a simple truth: the free exchange of ideas can be beautiful. The beauty lies in its potential to evoke ever more considered and disciplined views from the participants. In rare cases, it can even draw both sides toward a carefully formulated resolution that is satisfying to both.

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Monday
Jan122015

Secret recordings by PetroTiger general counsel admitted as evidence against former CEO

A federal judge in New Jersey ruled last week that prosecutors can use secret video recordings in the trial of the former PetroTiger CEO that the FBI made with a camera attached to the executive's lawyer.

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Friday
Dec052014

Why FCPA history matters: ‘Congress was distraught’ 

President Jimmy Carter addresses Congres in 1977Joseph Sigelman, the former co-CEO of PetroTiger Ltd., is the latest defendant to argue that employees of state-owned enterprises aren't "foreign officials" under the FCPA. He was charged in May with bribing an official at Ecopetrol SA, Colombia’s state-controlled oil company, and defrauding PetroTiger by taking kickbacks.

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Monday
Nov242014

IKEA’s charitable giving in Russia and the FCPA (Part Six)

This is the final post in my series analyzing IKEA’s charitable contributions in Russia in the 1990s and early 2000s. I haven’t presumed IKEA was subject to the FCPA when the events happened or that any FCPA violations might have occurred. Instead, I’ve looked at IKEA’s Russia experience to learn more about charitable giving under the FCPA and how to manage giving programs.

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Friday
Nov212014

PetroTiger defendant brings latest ‘foreign official’ challenge

Joseph Sigelman, who served as a former co-CEO of PetroTiger Ltd., is the latest FCPA defendant to argue that employees of state-owned enterprises aren't "foreign officials" under the FCPA.

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Wednesday
Oct152014

Resource alert: UH database facilitates FCPA compliance benchmarking

Last week, the University of Houston Law Center released the most comprehensive free dataset for compliance benchmarking available. The Fortune 500 Code of Conduct dataset allows anyone to access the University’s website (without the worry of future spam emails that come with a “free” registration) and search through three years of data the Law Center has put together covering over forty different compliance areas including the Foreign Corrupt Practices Act. 

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Monday
Oct062014

Supremes won't review Esquenazi ‘foreign official’ challenge

The U.S. Supreme Court Monday denied a writ of certiorari for two jailed Haiti teleco defendants who argued that employees of state-owned enterprises aren't "foreign officials" under the Foreign Corrupt Practices Act and bribes paid to them shouldn't be FCPA violations.

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Friday
Aug152014

Esquenazi and Rodriguez file petition for Supreme Court review

Joel Esquenazi and Carlos Rodriguez petitioned the U.S. Supreme Court Thursday to review their convictions on FCPA-related charges for a scheme to bribe officials at Haiti’s state-owned telecom company.

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