FCPA

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Originally published by the Journal of Commerce in January 2016

In writing this article, it was interesting to look back and see whether the old crystal ball was accurate in its predictions in earlier years. Truthfully, the expectation was the old themes were similar over time, and that turned out to be the case. Those…

Yesterday, the CAFC issued its en banc decision in the U.S. v. Trek Leather case.  The Court held the President of the company liable for gross negligence due to his own actions, even if he is an agent of the company.

By way of background, the case originated as a penalty action by Customs and…

On December 1, U.S. District Judge for the Central District of California Howard Matz vacated the Foreign Corrupt Practices Act (“FCPA”) convictions of Lindsey Manufacturing (“LMC”) and its executives Keith Lindsey and Steve Lee (collectively, “Lindsey Defendants”), citing numerous instances of misconduct by the prosecutors–prosecutors once so proud of the jury convictions of Lindsey, et…

There is no question that for several years now, the Securities and Exchange Commission (SEC) has been working closely with the Dept. of Justice to prosecute companies that bribe government officials. In the context of consolidating its efforts, the SEC created a Foreign Corrupt Practices Act (FCPA) Unit which has been highly successful. One needs…