Lanny Breuer, the head of the Justice Department's criminal division, is reported to be preparing his exit.
Entries in Foreign Official (145)
A judge in California may decide whether federal law reflected by the FCPA prevents charging foreign officials with money laundering in connection with bribes they took.
There's a very good reason why I recently fell off the blogging bandwagon.
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.
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.