News & Analysis as of

Foreign Corrupt Practices Act (FCPA) Extortion Corruption

Latham & Watkins LLP

DOJ Announces New Whistleblower Program

Latham & Watkins LLP on

DOJ unveils a new whistleblower incentive program to complement the Department’s continued efforts to encourage self-reporting of criminal violations. On Thursday, March 7, 2024, US Deputy Attorney General Lisa Monaco...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

McGuireWoods LLP

The Foreign Extortion Prevention Act: Another Tool to Fight Foreign Corruption

McGuireWoods LLP on

In recent years, the Biden Administration has been vocal that combatting foreign public corruption is a key pillar of its national security efforts.orr Consistent with those policy goals, on December 22, 2023, Congress...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

Dechert LLP

DOJ Issues Rare FCPA Opinion Regarding Liability For Extortion Payment

Dechert LLP on

DOJ concluded that the company’s proposed payment would not trigger an enforcement action under the FCPA’s anti-bribery provisions because the proposed payment: (1) was not made with corrupt intent and (2) was not made to...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

Extortion Payments, Opinion Release 22-01 and the FCPA

Last week I wrote about the first Opinion Release for 2022, appropriately named Opinion Release 22-01. Several persons emailed me about my analysis and discussion, concluding with the point that there was no need for an...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

Society of Corporate Compliance and Ethics...

Gary Kalman on Corruption and Compliance Programs

The playing field for anticorruption never stops changing, with new laws and new risks constantly arising. To help sort things out, and to gain his insight into other compliance challenges, we sat down with Gary Kalman,...more

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