Category Archives: FCPA

The FCPA Institute Is Coming to Washington

Fellow blogger and professor Mike Koehler is bringing his famed “FCPA Institute” to Washington, DC on September 19 and 20. If you’ve always wanted to handle FCPA cases, or already handle them but want to learn more, go to this … Continue reading

Posted in Bribery, Continuing education, FCPA | Leave a comment

Is the FCPA Unit Really Interested in “Transparency”?

For anyone who handles FCPA cases, the blog aptly titled FCPA Professor is required reading. Professor Mike Koehler covers all aspects of the statute, from reported court decisions interpreting its reach to updates on recent prosecutions under it. Prof. Koehler … Continue reading

Posted in DOJ Statements, FCPA | Leave a comment

DOJ’s Sales Pitch Continues, But It’s Not All Bad

A few weeks ago, I wrote a blog post about my disappointment that white-collar criminal defense attorneys too often treat cooperation with the government as a default position. Well, the government just sweetened the cooperation pot a little bit more. … Continue reading

Posted in DOJ Statements, FCPA, Uncategorized | Leave a comment

Collateral Damage: FCPA-Related Non-Prosecution Agreement for Hewlett-Packard Leads to Civil RICO Lawsuit

A non-prosecution agreement is a wonderful thing. But it may not mean the end of the woes for a company under government investigation. Hewlett-Packard (HP), the California-based technology firm, and its Mexican subsidiary, HP Mexico, entered into an NPA with … Continue reading

Posted in civil case, FCPA, Non-Prosecution Agreement, RICO | Tagged | Leave a comment

Where Are They Now? An Update on Past Posts

Several of the cases I’ve featured in my posts over the last year have had significant developments or come to a close. It’s always interesting—and moderately depressing—to see how things turned out.

Posted in Bribery, FCPA, Insider Trading, Plea Agreement, Sentencing, Uncategorized | Tagged | Leave a comment

When Criminal Law and the First Amendment Meet: Can Internal Investigation Reports Be Defamation?

At the end of an internal investigation, outside counsel frequently prepares a written report. That written report may be for the Board of Directors only or it may be passed along to the Department of Justice. In the report, the … Continue reading

Posted in FCPA, internal investigation | Tagged , | 1 Comment

Where Are They Now? An Update on Past Posts

Every few weeks, I review the press releases for the U.S. Attorneys’ Offices across the country. In the blur of stories about drug busts and indictments for low-level health care fraud, sometimes a name sounds familiar. No, not because it’s … Continue reading

Posted in Conviction After Jury Trial, FCPA, Government contracting fraud, Insider Trading, Sentencing | Tagged | 2 Comments

Is This The First Domino to Fall in FCPA Case? French Citizen Pleads Guilty to Obstruction in Foreign Bribery Case

A French citizen appeared in a Manhattan federal court on March 10, pleading guilty to obstructing a government investigation into bribes paid to secure mining rights in Guinea. Mr. Frédéric Cilins, a 51-year-old businessman, had been arrested during an FBI … Continue reading

Posted in FCPA, Plea Agreement | Tagged | 1 Comment

“WE CAN NOT LOOSE [sic] THIS PROJECT!” Three Former Power Company Execs Charged in Indonesian FCPA Case

The number of former executives of a French power and engineering company indicted for FCPA violations is up to three. William Pomponi and Frederic Pierucci recently joined David Rothschild as defendants based on their supposed involvement in a scheme to … Continue reading

Posted in Conspiracy, Criminal Investigation, FCPA, Indictment, Money Laundering | Tagged | 2 Comments