News & Analysis as of

Foreign Corrupt Practices Act (FCPA) Extortion Bribery

Sheppard Mullin Richter & Hampton LLP

Congress’s Recent “Technical” Amendments to the Foreign Extortion Prevention Act Change Key Aspects of the New Law

In December 2023, President Biden signed the new Foreign Extortion Prevention Act (FEPA), closing a gap in the Foreign Corrupt Practices Act (FCPA) by criminalizing the “demand side” of foreign bribery. While the FCPA...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for March 2024

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Whiteford

Client Alert: Foreign Extortion Prevention Act

Whiteford on

FEPA contains a broad prohibition on corrupt activity and applies to a broad category of public officials. First, FEPA makes it unlawful for any foreign official to “demand, seek, receive, accept, or agree to” receive...more

Fisher Phillips

The Long Arm of the Law Just Got Longer: 5 Things Businesses Need to Know About the Foreign Extortion Prevention Act

Fisher Phillips on

U.S. companies that do business globally may need to update their compliance training to ensure employees operating in international venues understand new risks. For decades, the Foreign Corrupt Practices Act has made it...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for December 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Hogan Lovells

The Foreign Extortion Prevention Act (FEPA) signed into law: What it means for companies worldwide

Hogan Lovells on

On December 22, 2023, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law, revising Section 201 of Title 18 of the U.S. Code concerning bribery of government officials. This significant development...more

Skadden, Arps, Slate, Meagher & Flom LLP

Foreign Extortion Prevention Act Criminalizes Demand-Side Bribery

On December 22, 2023, President Biden signed into law the Foreign Extortion Prevention Act (FEPA) as part of the fiscal year 2024 National Defense Authorization Act. FEPA criminalizes demand-side bribery by foreign officials...more

BakerHostetler

Congress Expands DOJ’s Power to Prosecute Corruption with the Foreign Extortion Prevention Act

BakerHostetler on

Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more

K&L Gates LLP

Criminalizing the "Quo:" The New Foreign Extortion Prevention Act Targets the Demand Side of Bribery

K&L Gates LLP on

INTRODUCTION - On 22 December 2023, President Biden signed into law the National Defense Authorization Act (NDAA), the annual defense spending bill for 2024. Buried hundreds of pages into the NDAA is the new Foreign Extortion...more

Sheppard Mullin Richter & Hampton LLP

Corrupt Foreign Leaders Now on the Hook for Bribery Charges: Congress Passes the Foreign Extortion Prevention Act

On December 14, 2023, with bipartisan support, Congress passed the Foreign Extortion Prevention Act (“FEPA”), making it a federal crime for any foreign government official to demand, receive, or agree to receive a bribe from...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for July 2023

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Hogan Lovells

DOJ issues rare FCPA advisory opinion regarding the extortion exception

Hogan Lovells on

On January 21, 2022, the Department of Justice (“DOJ”) issued a Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release (the “OPR” or “OPR 22-01”) addressing the rarely discussed extortion exception to the FCPA’s...more

Thomas Fox - Compliance Evangelist

Creative Lawyerin’ and Opinion Release 22-01

Yesterday, I ended my blog post with a few words about what we call in Texas Creative Lawyerin in the context of a Securities and Exchange Commission (SEC) enforcement action where there was zero fine and penalty due to the...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for September 2021

Morrison & Foerster LLP on

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and case developments from the past month,...more

Thomas Fox - Compliance Evangelist

A Primer on Extortion Payments

Yesterday, I posted a short primer on facilitation payments. Today, I want to take up another issue which embroils compliance officers from time to time; that being extortion payments. For compliance officers’ purposes,...more

Eversheds Sutherland (US) LLP

The Hoskins conviction and the implications of the DOJ’s success in using the money laundering statute to police bribery

The US Department of Justice (DOJ) is increasingly using the money laundering statute to prosecute individuals in corruption and bribery cases. The Foreign Corrupt Practices Act (FCPA) is the primary statute prohibiting...more

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