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FCPA Recent Developments

Recent News

 DOJ Issues Second FCPA Opinion Procedure Release of the Year
On July 16, 2010, the Department of Justice ("DOJ") issued its second Foreign Corrupt Practices Act ("FCPA") Opinion Procedure Release of the year. 
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 Employees to be Paid for Blowing the Whistle on FCPA Violations
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act.
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 Proposed H. R. 5366 Includes Government Contracting Debarment Penalty for FCPA Violations
H.R. 5366, introduced by Representative Peter Welch (D-VT) on May 20, 2010, is currently under consideration by the US House of Representatives.
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 No Doctoring the Books
Foley attorneys David W. Simon, Erin J. Holland, and Gregory Husisian discuss how, facing a government FCPA crackdown, device companies need to establish robust, risk-based compliance programs to monitor their foreign business activities.
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 U.K. Passes "Bribery Bill"
On April 7 and 8, 2010, the U.K. Bribery Bill passed the British House of Commons and House of Lords, respectively, creating the United Kingdom’s most comprehensive anti-corruption legislation to date.
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Recent Enforcement Actions

 Former Innospec Officials Settle Enforcement Action with SEC
On August 5, 2010, Oussama Naaman, a former Innospec, Inc. agent, and David Turner, a former Business Director at Innospec, filed a settled enforcement action with the Securities and Exchange Commission (SEC). Naaman and Turner were charged with violating the Foreign Corrupt Practices Act (FCPA) for paying bribes to numerous government officials to obtain and retain business.
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 Similar Plea Agreements with Two Tobacco Companies Announced
In two similar FCPA enforcement actions, the Department of Justice and SEC have reached plea agreements with two tobacco companies, North Carolina-based Alliance One International Inc. and Virginia-based Universal Corporation, relating to illegal kickback schemes undertaken by their subsidiaries abroad.
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 Greens Receive Lenient Sentences in Bribery Conviction
On August 12, 2010, Gerald Green, 78, and Patricia Green, 53, were sentenced to six months in jail and six months in home confinement - considered the most lenient sentence in recent times for such offenses - for paying $1.8 million in bribes from 2003 to 2007 to Juthamas Siriwan, governor of the Tourism Authority of Thailand and the president of the Bangkok film festival.
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 Dutch and Italian Companies Agree to Fines in Nigerian Bribery Scheme
On July 7, 2010, Snamprogetti Netherlands B.V. (“Snamprogetti”) and its parent company, ENI S.p.A. of Italy agreed to pay $365 million in combined fines and penalties to resolve charges related to the Foreign Corrupt Practices Act (“FCPA”) for their participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction contracts ("EPC").
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 Former Tobacco Executive Pleads Guilty to Bribery Conspiracy
On August 4, 2010, Bobby Jay Elkin Jr., a former executive from tobacco company Dimon Inc., now called Alliance One International, pleaded guilty for his role in a conspiracy to pay bribes to officials of the Republic of Kyrgyzstan. 
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