1. Allegations against Wal-Mart -- Just when the debate about FCPA reform was heating up, the New York Times reported that Wal-Mart may have paid $24 million in bribes to Mexican officials to grow the business. The story showed why the FCPA is important. And it derailed the Chamber of Commerce's campaign to narrow the law and restrict the DOJ's enforcement of it.
Entries in Foreign Official (122)
The SEC got the green light this week from a federal judge to charge two former Noble executives with FCPA-related offenses they committed after February 2007.
Both the guidance and recent remarks by officials make clear that, although the FCPA has no value threshold, the government is not interested in bringing cases over de minimis payments to foreign officials.
Last week, the DOJ and SEC issued their long-anticipated Resource Guide regarding the agencies’ FCPA enforcement. Over a year in the drafting, the 120-page Guide addresses, among other things, (1) the definition of a foreign official, (2) gifts and entertainment, and (3) the “hallmarks” of an effective corporate compliance program.
Gifts, travel and entertainment, foreign officials, successor liability, and effective compliance programs.
The DOJ's second Opinion Procedure Release this year approved a plan by 19 non-profit adoption agencies to bring foreign officials to the United States to meet the staff at the agencies and families who have already adopted kids from the officials' country.
Tyco International Ltd. agreed on Monday to pay criminal and civil penalties totaling more than $26 million to resolve Foreign Corrupt Practices Act violations.
I’ve tried to map out some unfamiliar ways to think about FCPA reform. See these proposals as you might an old map -- exploratory, perhaps imprecise, still incomplete -- but meant to excite the human spirit.