Global Investigations Review - The law and practice of international investigations

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SEC appeal highlights scapegoat concerns for compliance officers

SEC appeal highlights scapegoat concerns for compliance officers

Bernerd Young, a former compliance officer, has told the SEC to reverse its decision that he was liable for fraud, or risk sending out a message that compliance staff will be made scapegoats for corporate misconduct.

Fraud section deputy: Yates Memo won’t lead to marginal cases

Fraud section deputy: Yates Memo won’t lead to marginal cases

US Department of Justice guidelines intended to hold individuals accountable for corporate wrongdoing will not cause prosecutors to bring a greater number of marginal cases, a deputy fraud section chief told GIR Live DC attendees on 9 February.

  • The FCPA Docket

    The FCPA Docket

    Our round-up of FCPA news includes former EBRD banker Dmitrij Harder’s ongoing prosecution, the legal wrangling over the release of HSBC’s monitor report, and new SEC appointments at the agency’s Los Angeles office.

  • Weissmann: DOJ to publish compliance questions

    The Justice Department will soon publish a list of questions that companies can expect to be asked when being assessed by the criminal division fraud section’s new compliance consultant, Andrew Weissmann said at GIR Live DC on 9 February.

  • Don’t pay attention to last year’s FCPA enforcement drop, says new Baker Botts partner

    The number of companies reporting potential FCPA violations is a better indicator of the government’s investigative activity than the number and size of Justice Department resolutions, Amy Conway-Hatcher said following her move to Baker Botts.

  • Supreme Court of Canada looks to balance World Bank immunity, due process concerns

    Federal prosecutors fear Canada may lose ground in its pursuit of foreign bribery if the World Bank is ordered to turn over documents from its investigation into Canadian construction company SNC-Lavalin, according to a newly released transcript of a hearing before the country’s Supreme Court in November.

  • The FCPA Docket

    The FCPA Docket

    In the latest round-up of FCPA news, US Democrats seek to instigate a foreign bribery probe into British American Tobacco, and a Manhattan judge denies a diplomatic immunity claim by a suspended deputy UN ambassador accused of helping to bribe a former General Assembly president.

  • Weissmann: Fraud Section will work to ‘fast-track’ self-reported FCPA cases

    The Department of Justice will use newly hired prosecutors to expedite cases of self-reported foreign bribery, the Criminal Division’s Andrew Weissmann said in an interview in advance of his appearance on Tuesday, 9 February at GIR Live DC.

  • SciClone Pharmaceuticals pays $12 million to settle five-year FCPA probe

    The SEC on 4 February announced a $12 million administrative settlement with California-based SciClone Pharmaceuticals over allegations the company’s subsidiaries paid bribes to state-employed health care professionals in China.

  • How the United States’ international treaty obligations could expand the FCPA’s reach

    The United States’ international treaty obligations provide an opportunity to anticipate how the Department of Justice and US courts might push the boundaries of the already expansive FCPA. By Jessie Liu, Nicholas Barnaby and Emily Bruemmer, of Jenner & Block.

Editor's picks

Garcia judge casts cold eye at FCPA, but embraces white-collar deterrence

U.S. District Judge Charles Breyer of the Northern District of California is, in his own words, “not a great fan” of the Foreign Corrupt Practices Act.

Rudy Giuliani says FCPA enforcement too focused on 'technicalities'

In an interview with GIR Just Anti-Corruption, the former New York City mayor said corporate America had gotten the message with respect to bribing foreign officials and should be treated fairly when they discover potential misconduct.

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