Global Investigations Review - The law and practice of international investigations

Perkins Coie LLP

FCPA Docket: Shareholders go after Walmart for withholding documents

FCPA Docket: Shareholders go after Walmart for withholding documents

14 March 2017

In today’s news, plaintiffs suing Walmart in connection with a foreign bribery investigation say the retailer has defied a production order; and a prominent white-collar lawyer advises companies against rushing a decision on whether to self-report to the DOJ, in light of the recent announcement about the FCPA pilot programme.

Potential U.S. nexus in Ford bribery investigation

15 September 2015

Potential U.S. nexus in Ford bribery investigation

Justice Department Compliance Counsel Step Towards Compliance Defense

06 August 2015

Lawyers say that the introduction of a compliance counsel reflects a wider trend: that the skill sets of federal prosecutor and compliance officer are merging as the Justice Department uses compliance as a foundation stone of its Foreign Corrupt Practices Act enforcement.

Biomet's DPA Extended Amid Concerns of New FCPA Violations

18 March 2015

The medical equipment manufacturer was mere weeks away from finishing its probation under a March 2013 deferred prosecution agreement with the Department of Justice.

Supreme Court Declines to Hear FCPA 'Instrumentality' Challenge

06 October 2014

The appeal was seen by pro-business groups as a chance to "clarify" the foreign anti-bribery statute, but a May decision in the 11th Circuit will now stand as defining those "foreign officials" to whom it is illegal to pay bribes.

U.S. Waives Right to Respond to Supreme Court 'Instrumentality' Petition

26 August 2014

A waiver of right to respond by the Solicitor General is often a sign the government thinks the Supreme Court already has enough information to turn down an appeal.

Esquenazi, Rodriguez File Supreme Court Petition in FCPA Instrumentality Challenge

15 August 2014

In May, the Eleventh Circuit rejected Joel Esquenazi and Carlos Rodriguez's challenge of the Justice Department's interpretation of a key Foreign Corrupt Practices Act definition.

Recording: 'Instrumentality' Definition Challenged Before Appeals Panel

30 October 2013

A three-judge panel of the 11th U.S. Circuit Court of Appeals heard oral arguments in the first challenge at the appellate level of the government’s interpretation of language core to the FCPA.

'Foreign Official' Challenge Sees Packed Courtroom in 11th Circuit

15 October 2013

Lawyers for Carlos Rodriguez and Joel Esquenazi argued that federal prosecutors' interpretation of what constitutes a foreign government "instrumentality" is too broad.

Human Trafficking Regulations May Pose Compliance Risk

09 October 2013

A robust anti-corruption program already includes careful vetting of third-party agents for bribery risk. Now businesses will need also to vet those agents for connections to human trafficking, lawyers say.

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