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FCPA Update

Debevoise & Plimpton
December 21, 2012
12 pages

In this Issue:

Transparency International’s 2012 Corruption Perceptions Index
DOJ and SEC Officials Discuss FCPA Guidance and Current Enforcement Issues
News from the BRICs: Use of Prepaid Cards in China
Frederic Bourke’s Petition for Certiorari

Latest FCPA News

Alston & Bird: In the Crosshairs: Federal FCPA Enforcement Lands on Wall Street’s Doorstep

June 20, 2013 Foreign Corrupt Practices Act (FCPA)

Pillsbury: UK Bribery Act: Red Light, Green Light or Mixed-Signals?

June 06, 2013 The UK Bribery Act

Shearman & Sterling: The Ralph Lauren FCPA Case: Are There Any Limits to Parent Corporation Liability?

June 05, 2013 Ralph Lauren Non-Prosecution Agreement Marks FCPA First

Tenaris: SEC's First Use of Deferred Prosecution Agreement

Morrison & Foerster: Deferred Prosecution Agreements Truly a “Game Changer” at the SEC for FCPA Violations?

Cahill: SEC Enters Into First Deferred Prosecution Agreement

Bryan Cave: First-of-its-kind SEC Deferred Prosecution Agreement May Mark a New Era of FCPA Enforcement

Lindsey Manufacturing: First Corporate Conviction under FCPA (Now Reversed!)

Debevoise & Plimpton: Citing “Flagrant” Prosecutorial Misconduct, Judge Dismisses Landmark FCPA Conviction

Fulbright & Jaworski: Critical Findings and Practical Lessons: Conviction Against First Corporate Defendant Tried For FCPA Violations Vacated Because of Prosecutorial Misconduct

Jenner & Block: Lindsey Manufacturing Decision Vacating Convictions at Trial Reflects Court’s View That Gravity of Multiple Prosecutorial Errors Was Compounded by Less Than Compelling Evidence of Defendants’ Criminal Intent

Court Guidance on Definition of "Foreign Official" Under FCPA

Shearman & Sterling: Effective Corporate Compliance and the Irrelevant 'Foreign Official' Debate

Paul Hastings: Recent Challenges to Definition of “Foreign Official” Reinforce Government’s Broad Interpretation

Steptoe & Johnson: “State-Owned Enterprises” Under the FCPA

SEC Launches FCPA Investigation of Financial Advisers & Sovereign Wealth Funds

Latham & Watkins: SEC’s Investigation Request Reveals Scope of Sweep of Advisory Firms Regarding Relationships With Sovereign Wealth Funds

Cadwalader: SEC Launches FCPA Probe of Financial Services Industry's Interactions with Sovereign Wealth Funds

Fulbright & Jaworski: SEC Initiates Investigation of Financial Institutions and Sovereign Wealth Funds for Potential FCPA Violations

FCPA/Bribery Act Comparisons

Shoosmiths: A comparison between UK Bribery Act and the FCPA

Arnold & Porter: The Extraterritorial Implications of the FCPA and the U.K. Bribery Act: Why Nearly Every Global Company Needs a Robust Anti-Corruption Compliance Program

Arnold & Porter: The Extraterritorial Reach of the FCPA and the UK Bribery Act: Implications for International Business

Panalpina (& others): FCPA Enforcement In Oil Services Sector Yields "Best Practices" Guide

Arnold & Porter: Building an Effective Anti-Corruption Compliance Program: Lessons Learned From Recent DPAs

Mayer Brown: US Securities and Exchange Commission and Department of Justice Clarify “Best Practices” for FCPA Compliance

Steptoe & Johnson: Resolution of Panalpina and Related Cases Yields Significant Penalties, New Enforcement Theories

FCPA & Dodd-Frank's Whistleblowing Provisions

Fried Frank: The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses – and What FCA Enforcement Stands to Learn from the SEC

Morgan Lewis: Final Dodd-Frank Whistleblower Rules Do Not Mandate Internal Reporting; May Dramatically Reshape FCPA Enforcement

Debevoise & Plimpton: FCPA-Related Legislative and Regulatory Developments: Debarment Bill’s House Passage and the anticipated Dodd-Frank Rules

Pharma & Device Sectors Face FCPA Scrutiny

Arnold & Porter: Pfizer's FCPA Settlement Provides Important Lessons for the Medical Products Industry on Compliance Program Expectations

Vinson & Elkins: A Prescription for Trouble: Pfizer Hit with FCPA Charges as Focus on Foreign Corruption in the Pharmaceutical Industry Continues

Fulbright & Jaworski: Orthofix Makes Latest Medical Device FCPA Settlement

DOJ Uses "Sting" To Target Individuals In FCPA Probe

Morrison Foerster: Most Severe Setback To DOJ Thus Far In FCPA Prosecutions: Judge Dismisses All Charges In Africa Sting Case

Debevoise & Plimpton: DOJ Terminates Proceedings in O’Shea and the SHOT Show Cases

Jenner & Block: Two Defendants Acquitted on All Counts in Second “FCPA Sting Trial”; Three Others Granted Mistrial

OECD Anti-Corruption Guidance (Including "Grease" Payments)

Gibson Dunn: Don’t You Forget About Me: The Continuing Viability of the FCPA’s Facilitating Payments Exception

Chadbourne & Parke: Internationalizing the FCPA: Ending The Facilitation Payments Exception And U.S. Anti-Corruption Hypocrisy

Locke Lord: Another Reason to Beef Up Your FCPA Compliance Program: OECD Issues Anti-Bribery Guidance

FCPA Opinion Releases

Baker Botts: FCPA Opinion Release Speaks to Definition of "Foreign Official"

Dechert: U.S. Department of Justice Releases First FCPA Advisory Opinion of 2011

Debevoise & Plimpton: FCPA Opinion Release No. 11-01

Nature's Sunshine & FCPA "Control Person" Liability

Debevoise & Plimpton: Control Person Liability Under the Foreign Corrupt Practices Act

DLA Piper: Liability widens under the FCPA

Steptoe & Johnson: SEC Adopts Several Expansive Applications of the Federal Securities Laws in the Recent FCPA Enforcement Action Against Nature’s Sunshine and Two Senior Executives

BAE's Global Bribery Settlement

DLA Piper: BAE Systems fined £500,000 - punishment or peanuts?

Debevoise & Plimpton: Update on BAE’s Settlements with the DOJ and the SFO

Steptoe & Johnson: BAE Systems plc Agreement Raises ITAR Part 130 Compliance Issues for International Defense/Arms Trade

Siemens Settlement & the FCPA

Hogan Lovells: An Important Development in the United States' Prosecution of International Bribery: The Indictment of a Former Siemens Board Member and Other High-Ranking Employees

Hogan Lovells: An Important Development in the United States' Prosecution of International Bribery: The Indictment of a Former Siemens Board Member and Other High-Ranking Employees

Wiley Rein: Former Siemens Executives Charged with FCPA Violations by DOJ and SEC

KBR & Halliburton Settle with SEC & DOJ

Foley & Lardner: Engaging Foreign Agents: Heeding the Lessons From the Halliburton FCPA Enforcement Action

Steptoe & Johnson: Halliburton and KBR Agree to Near-Record Penalties; Additional Indictment Unsealed as US Seeks Extradition of UK Agents

White & Case: Former Halliburton Subsidiary Announces $579 Million in Penalties in Largest-ever FCPA Disposition Against a US Company

Frederic Bourke's FCPA Conviction

Debevoise & Plimpton: The Bourke Conviction and Willful Blindness: Did the Second Circuit Get it Right?

Morrison Foerster: Is "Conscious Avoidance" Sufficient to Establish Knowledge under the FCPA?

Willkie Farr & Gallagher: Second Circuit Upholds Investor’s FCPA Conviction On Willful Blindness Theory

Foreign Government Investment in Banks & The FCPA

White & Case: Do You Know Who You're Dealing With? The Increased FCPA Risks Posed by Government Bailouts

Debevoise & Plimpton: Government Bailouts And The FCPA: Are Any Foreign Companies Now Government Instrumentalities?

Covington & Burling: Foreign Bank Nationalizations Expand the Potential for FCPA Liability

Kay: Haiti, Rice & the FCPA

Bryan Cave: Supreme Court Lets Stand an Expansive Ruling on the Scope of the FCPA

White & Case: DOJ and SEC Officials Discuss Emerging Trends in FCPA Enforcement; Supreme Court Leaves Expansive Coverage Decision Intact

Chadbourne & Parke: United States Supreme Court Denies Certiorari in Controversial Foreign Corrupt Practices Act Case: Expansive Enforcement of the FCPA Likely to Continue