The criminal liability of corporations is an essential part of the fight against foreign bribery. Yet not every legal system views this area of law in the same way, and not everyone agrees on the best approach.
Entries in Respondeat Superior (48)
The DOJ and SEC today released a 120-page FCPA resource guide.
Enforcement is a greater deterrent, in my opinion, if directed at both corporations and individuals.
The extra-territorial reach of the FCPA and its impact are perhaps no better evidenced than by the colossal fines paid by Siemens in 2008.
Last week, Assistant AG Lanny A. Breuer, left, head of the DOJ's criminal division, talked about the use and benefits of deferred prosecution agreements in corporate enforcement actions.
The United States has a long legal history of holding corporations criminally responsible for acts of employees and agents. But that concept never existed under German or French law, among others.
Here's a note from a U.S. reader:
Dear FCPA Blog,
As noted in the Wall Street Journal, Harris Corporation is currently investigating bribery in China.
This is not its first brush with the FCPA.
The French oil giant said it rejected 'out-of-court settlement solutions' with the DOJ and SEC to end their longstanding FCPA investigations.
Scholarship at its best can change things. It can cause judges to take a fresh look and lawmakers to fix problems. We hope Mike Koehler's new scholarship will do just that.