Archives: Foreign Corrupt Practices Act

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Patrick Joseph, Haiti Teleco Defendant, Sentenced to Prison

On July 6, 2012, Patrick Joseph was sentenced to one year and one day in prison, and ordered to forfeit $955,596.69, for his role in the Haiti Teleco bribery scheme.  Joseph, a former Director General for telecommunications at the Republic of Haiti’s state-owned national telecommunications company, Telecommunications D’Haiti (Haiti Teleco), had been charged with one … Continue Reading

Practical Guidance on How to Conduct FCPA Due Diligence

The Department of Justice and Securities and Exchange Commission have stressed the need for companies to conduct FCPA due diligence before entering into transactions with third parties or buying another company.  The DOJ and SEC have levied stiff fines on companies that have not heeded their advice once violations of the FCPA have been discovered.  … Continue Reading

Former CCI Executive Cops Plea

Paul Cosgrove, the former head of worldwide sales at California-based valve manufacturer Control Components Inc. (CCI) pleaded guilty yesterday to violating the Foreign Corrupt Practices Act (FCPA).  Cosgrove is the fourth of six company executives to plead guilty to violating or conspiring to violate the FCPA. Cosgrove was previously scheduled to stand trial on June … Continue Reading

Biomet, Inc. Resolves FCPA Investigation

Charged by both the SEC and DOJ with violating the FCPA, Indiana-based medical device company Biomet, Inc. (“Biomet”) agreed to pay more than $22 million to settle the charges.  The charges arose from SEC and DOJ’s ongoing global investigation into medical device companies bribing publicly-employed physicians.  Although the company’s common stock is no longer publicly … Continue Reading

U.S. Chamber of Commerce Seeks Guidance Concerning the FCPA

On February 21, 2012 The U.S. Chamber of Commerce Institute for Legal Reform (ILR) sent a letter to the DOJ requesting guidance on “several issues and questions of significant concern to businesses seeking in good faith to comply with the FCPA.”  The ILR raised the following issues: “Instrumentalities”: The ILR sought clarification on what types of … Continue Reading

John Joseph O’Shea Acquitted of All Substantive FCPA Counts

Conduct Following the close of the prosecution’s case on a trial for charges arising under the Foreign Corrupt Practices Act (“FCPA”), John Joseph O’Shea (“O’Shea”) was acquitted of all substantive FCPA counts, with the court (Southern District of Texas) finding that O’Shea’s conduct could be reasonably explained by lawful motives.  O’Shea, a former general manager … Continue Reading

Foreign Corrupt Practices Act Enforcement – 2011 Year In Review

2011 was another banner year for the Foreign Corrupt Practices Act (FCPA), with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) initiating 23 and 25 enforcement actions, respectively, and collecting nearly $355 million and $148 million in fines.  Numerous individual defendants were prosecuted under the FCPA, some successfully, and some not … Continue Reading

Magyar Telekom, Deutsche Telekom Settle FCPA-Related Actions

Magyar Telekom Plc and its majority owner Deutsche Telekom AG have agreed to pay a total of approximately $95 million in penalties arising from alleged violations of the anti-bribery and books and records provisions of the Foreign Corrupt Practices Act (“FCPA”) stemming from conduct in Macedonia and Montenegro. Conduct Between 2005 and 2006, former executives … Continue Reading

Aon settles FCPA enforcement actions with DOJ, SEC

Aon Corp., an Illinois-based world leader in risk management, insurance, and reinsurance brokerage services, has entered into a Non-Prosecution Agreement (“NPA”) with the Department of Justice (“DOJ”) and has settled a civil action brought by the Securities and Exchange Commission (“SEC”) stemming from alleged violations of the anti-bribery, books and records, and internal controls provisions … Continue Reading

Second Circuit Confirms Conscious Avoidance Test

On Wednesday, the U.S. Court of Appeals for the Second Circuit upheld Frederic Bourke’s bribery conviction. This decision is the culmination of investigations and court proceedings that began in 2000.  Mr. Bourke, who co-founded handbag maker Dooney & Bourke, was convicted in November 2009 for violations under the FCPA after his business partner Viktor Kozeny … Continue Reading

Federal Judge Reverses Lindsey Manufacturing Convictions, Dismisses Indictments

Back in May, we brought you news of the first Foreign Corrupt Practices Act (“FCPA”) jury verdict rendered against a corporate defendant in the case of Lindsey Manufacturing, Inc. (“Lindsey Manufacturing”), which stood accused of bribing and conspiring to bribe representatives of a state-owned Mexican utility through a third party intermediary. A jury convicted Lindsey … Continue Reading

Haiti Teleco Defendant Receives Record-Breaking Sentence for FCPA Violations

As detailed in a previous blog post, a federal jury convicted Joel Esquinazi and Carlos Rodriguez, two former executives of Terra Telecommunications Corp. (“Terra”), earlier this year on all counts for their roles in a scheme to pay bribes to Haitian government officials at the state-owned Telecommunications D’Haiti S.A.M (Haiti Teleco). Federal District Judge Jose … Continue Reading

Allianz SE to settle SEC charges linked to bribes in Indonesia

Europe’s largest insurance company, Germany-based Allianz SE, apparently is about to limit damages sustained by United States Securities and Exchange Commission (SEC) investigations. The insurer had been under US investigation for its possible involvement in two major bribe cases. The first case began after allegations gave rise to suspicion that Allianz employees were involved in … Continue Reading

Bribery Charges Dismissed Against Former Schnitzer Steel Executive

On October 14, 2011, the DOJ dismissed bribery charges against Si Chan Wooh, the former Executive Vice President and head of Schnitzer Steel Industries, Inc.’s (“Schnitzer Steel”) Tacoma, Washington based subsidiary SSI International which oversaw Schnitzer Steel’s South Korean subsidiary, SSI Korea. Back in 2007, Wooh previously entered into a cooperation agreement with the DOJ … Continue Reading

SEC Issues FCPA Cease and Desist Order as to Watts Water Technologies, General Manager of Chinese Subsidiary

The Securities and Exchange Commission (“SEC”) has issued an administrative cease and desist order as to Watts Water Technologies, Inc. (“Watts”), a water valve designer and retailer, and Leesen Chang (“Chang”), former general manager of Watts Valve Changsha Co., a wholly-owned Chinese subsidiary of Watts. Conduct Between 2006 and 2009, Chang, on behalf of Watts’s … Continue Reading

Two Senior Executives Convicted In Haiti Teleco Bribes Case

Following a two week trial, on August 4, 2011, a federal jury convicted Joel Esquenazi and Carlos Rodriguez, former executives of Terra Telecommunications Corp. (“Terra”), on all counts for their roles in a scheme to pay bribes to Haitian government officials at the state-owned Telecommunications D’Haiti S.A.M (Haiti Teleco).  The DOJ’s press release is here. … Continue Reading

Drink to This: Diageo Settles FCPA Administrative Enforcement Action

London-based Diageo, the maker of popular liquor brands such as Johnnie Walker scotch and Smirnoff vodka, has agreed to pay more than $16 million to settle an administrative action brought by the Securities and Exchange Commission (“SEC”) for violations of the books and records and internal control provisions of the FCPA. Conduct From 2003 to … Continue Reading

Armor Holdings settles DOJ, SEC actions

Armor Holdings, Inc., a military, security, and law enforcement equipment manufacturer, has agreed to pay a total of approximately $16 million to settle FCPA enforcement actions brought by the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”). Conduct From 2001 to 2006, a subsidiary of Armor Holdings paid a third party (the … Continue Reading

District Judge Issues Unprecedented Limitation on FCPA’s Jurisdictional Reach

In an unprecedented blow to the government’s assertion of jurisdiction under the Foreign Corrupt Practices Act (FCPA), United States District Judge Richard Leon, presiding over the so-called Shot Show Sting cases, granted the Rule 29 acquittal motion of Defendant Pankesh Patel on the ground that the government could not establish that jurisdiction over “persons other … Continue Reading

Ex-CEO of Telecom Company Pleads Guilty In Honduras Bribe Case

Last week, Jorge Granados, former chief executive officer of Miami-based Latin Node, Inc. (Latinode) pleaded guilty to conspiring to pay bribes to government officials in Honduras. This is the latest chapter in the on-going saga of Latinode and its former executives who allegedly violated the Foreign Corrupt Practices Act (FCPA) by paying bribes to officials … Continue Reading

SEC Enters Into First FCPA-Related Deferred Prosecution Agreement

For the first time in its history of bringing FCPA enforcement actions, the SEC has entered into a deferred-prosecution agreement with a corporate defendant, potentially signaling the start of a trend of tougher SEC action against alleged violators of the FCPA. Conduct Tenaris, a Luxembourg-based global steel pipe supplier and manufacturer, entered into a two-year … Continue Reading

First Jury Verdict Rendered Against FCPA Corporate Defendant

Last week, corporate defendant Lindsey Manufacturing, Inc. (“Lindsey Manufacturing”) was convicted of violating the Foreign Corrupt Practices Act (FCPA) for allegedly bribing and conspiring to bribe representatives of a state-owned Mexican utility through a third party intermediary. The Department of Justice’s press release on the case can be found here. Conduct The Department of Justice … Continue Reading

Anti-Corruption measures in Decree Initiative for Federal Law of Administrative Accountability of Public Officials

As part of the strategy to put an end to corruption in Mexico, and within the scope of the 2007-2012 National Development Plan to strengthen security and the rule of law, President Felipe Calderon sent on March 2, 2011 the decree initiative amending and expanding various provisions of the Federal Law of Administrative Accountability of … Continue Reading
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