News & Analysis as of

Foreign Official Bribery

Barnea Jaffa Lande & Co.

Trump’s Order May Refocus FCPA Enforcement on Foreign Competitors

President Trump’s recent Executive Order (EO), which seeks to reduce enforcement of the anti-bribery and anti-corruption provisions of the Foreign Corrupt Practices Act (“FCPA”), may be perceived as a declaration of an...more

Lathrop GPM

Trump Executive Order Pausing FCPA Enforcement: Have Legal Requirements Changed?

Lathrop GPM on

One of the most notable developments in the anti-corruption world is the Trump Administration’s Feb. 10 Executive Order, “Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security.” ...more

Benesch

A Survey of Recent Enforcement Actions, Trends & Priorities

Benesch on

The landscape of criminal prosecution of foreign bribery has shifted, and the second Trump administration has made its priorities clear; however, companies still have 950 million reasons and counting to strengthen their...more

NAVEX

Australia is Combatting Foreign Bribery

NAVEX on

Australia has a zero-tolerance approach to corruption, and this policy knows no border or nationality. Bribery or attempts to bribe foreign public officials are considered severe crimes, as mentioned in division 70 of the...more

Womble Bond Dickinson

Recent Anti-Corruption Updates

Womble Bond Dickinson on

Two recent court Foreign Corrupt Practices Act (FCPA) cases, a significant amendment to the Foreign Extortion Prevention Act (FEPA), and the new pilot whistleblower rewards program show that Anti-Corruption Enforcement...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for July 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

Latham & Watkins LLP

Former Aide to Madagascan President Sentenced for Soliciting Bribes From UK-Based Company

Latham & Watkins LLP on

The sentencing of Romy Andrianarisoa, the first ever foreign public official to be convicted under the Bribery Act 2010, provides important takeaways. On 10 May 2024, Romy Andrianarisoa was sentenced to three-and-a-half...more

BakerHostetler

The Lines Are Open! DOJ Adds New Tool in Anticorruption Efforts With Whistleblower Pilot Program

BakerHostetler on

Building on the recent passage of the Foreign Extortion Prevention Act (FEPA), at the American Bar Association’s 2024 National Institute on White Collar Crime conference in San Francisco earlier this month (2024 ABA...more

The Volkov Law Group

Former Stericyle Official Charged in Foreign Bribery Scheme

The Volkov Law Group on

According to the terms of a superseding information made public by the U.S. Attorney’s Office for the Southern District of New York on or about February 13, 2024, Mauricio Gomez Baez (“Baez”)—a former Stericycle executive for...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

Dechert LLP

Yet Another Reason to Not Pay Bribes to Foreign Officials

Dechert LLP on

President Biden recently signed into law the Foreign Extortion Prevention Act (“FEPA”), enabling federal prosecution of non-U.S. government officials who solicit or receive bribes. FEPA complements the Foreign Corrupt...more

Wilson Sonsini Goodrich & Rosati

DOJ Targets Foreign Officials with Long-Awaited Anti-Corruption Law: 5 Takeaways for Multinational Corporations and...

After years of anticipation, President Biden signed the Foreign Extortion Prevention Act (FEPA) into law on December 22, 2023, ushering in a new era of international anti-corruption prosecution. The FEPA will make it easier...more

ArentFox Schiff

How to Avoid an Independent Compliance Monitor: Lessons From the SAP Settlement

ArentFox Schiff on

This week, SAP SE (SAP), the German-based software company, agreed to pay over $200 million to resolve investigations by the US Department of Justice (DOJ) and US Securities and Exchange Commission (SEC) into violations of...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

The Volkov Law Group

Congress Passes Foreign Extortion Prevention Act in Effort to Address “Demand-Side” of Foreign Bribery Equation

The Volkov Law Group on

On December 14, 2023, Congress passed the Foreign Extortion Prevention Act (“FEPA”) in an effort to address certain deficiencies inherent in the current iteration of the Foreign Corrupt Practices Act (“FCPA”), as part of the...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

The Volkov Law Group

U.K. Reinsurance Bribery Scheme — the Critical Role Played by the Third-Party Intermediary (Part II of III)

The Volkov Law Group on

As I always say, the factual underpinnings of every FCPA enforcement action provides important insights into bribery schemes.  At the core of every scheme is the misappropriation of money from the company coffers for improper...more

The Volkov Law Group

Lessons Learned from the Albemarle FCPA Enforcement Action: Mind Your Third Parties (Part III of III)

The Volkov Law Group on

The Albemarle FCPA enforcement action was announced at a good time.  This year has been a slow year for DOJ’s FCPA enforcement program, although there are several months before the end of the year. The SEC, on the other hand,...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for August 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

Blake, Cassels & Graydon LLP

Ontario Superior Court Provides Key Guidance About the Corruption of Foreign Public Officials Act

The Ontario Superior Court of Justice (Court) recently released its decision in R. v. Arapakota. The decision provides comprehensive guidance about the foreign bribery prohibitions in the Corruption of Foreign Public...more

Orrick - Finance 20/20

FinCEN Urges Financial Institutions to Focus on Detecting Proceeds of Foreign Public Corruption

Orrick - Finance 20/20 on

The Financial Crimes Enforcement Network (“FinCEN”) recently issued an advisory urging financial institutions (including certain cryptocurrency businesses) to implement controls to help detect proceeds of foreign public...more

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