December 23, 2011
Yes, Virginia: You Can Fight And Win FCPA Cases!
Just in time for the holidays, Judge Leon has thrown out all conspiracy counts against the second set of defendants on trial in the African Sting case. Leon's ruling resulted in the outright acquittal of Stephen Girodanella who was only charged in the conspiracy count. Tom Schoenberg of Bloomberg.com has the story here. The first African Sting case resulted in a hung jury and is set to be retried. A few weeks ago in California, Judge Howard Matz threw out the FCPA convictions against the Linsdey-Lee defendants and dismissed the indictment against them with prejudice. These FCPA cases are often fraught with difficulty for DOJ, even when prosecutors have what they think are incriminating tapes on hand. Hats off to the defendants and their attorneys who are daring to take these cases to trial.
December 22, 2011
Deputy Director of the Public Defender Service for the District of Columbia (PDS) - Vacancy Announcement
Vacancy Announcement for the position of Deputy Director of the Public Defender Service for the District of Columbia - Download PDS Deputy Director FINAL
December 20, 2011
Big, Bold, and Bizarre: the Foreign Corrupt Practices Act Enters a New Era - New Scholarship
Check out Professor Mike Koehler's new article on the FCPA here -
In 2010, Justice Department Assistant Attorney General Lanny Breuer proclaimed "a new era of FCPA enforcement; and we are here to stay." This new era has already witnessed several developments worthy of discussion and examination.
In Part I of this article, I agree that a new era of Foreign Corrupt Practices Act ("FCPA") enforcement has indeed arrived; and I demonstrate, using 2010 FCPA enforcement actions and related developments, how big FCPA enforcement has become. That a new era of FCPA enforcement has arrived, begs the question however of why it has arrived given that the FCPA itself has not changed since 1998. I demonstrate that much of the largeness of FCPA enforcement in 2010 was the result of bold enforcement theories that seemingly conflict with congressional intent in enacting the FCPA. Part I of this article also demonstrates that FCPA enforcement in 2010 was more than just big and bold: it was also bizarre. Among other things, FCPA enforcement suffers from several inherent contradictions; and despite lofty anti-bribery rhetoric from the enforcement agencies, bribery and corruption is tolerated by certain companies in certain industries and for other strategic reasons.
Against the backdrop of a big, bold, and bizarre year in FCPA enforcement, Part II of this article highlights how 2010 was also defined by increased scrutiny of the FCPA itself and FCPA enforcement by the judiciary, Congress, the FCPA bar, and international monitor groups. This scrutiny crested in November 2010 when a Senate committee held oversight hearings on the FCPA, during which certain Senators also expressed concerns regarding the FCPA’s new era and a desire to reform the FCPA.
Part III of this article highlights 2010 developments related to the FCPA and FCPA enforcement, such as debarment issues and passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
This article concludes with Part IV, a look at the road ahead, as this new era of enforcement begins.
December 19, 2011
FCPA Cheat Sheet
If you are looking for a one page summary that captures the essence of the FCPA, check out T. Markus Funk's - Walking Through the FCPA and Travel Act's Anti-Bribery Provisions here. It's terrific.
December 18, 2011
In the News & Around the Blogopshere
Bruce Alpert, Times-Picayune, William Jefferson has chance to shed 4 guilty counts, experts say
Jason Turbow, NYTimes, Bonds Avoids Prison Time for Giving Evasive Testimony
Jenna Greene, BLT Blog, SEC Charges Six Former Fannie and Freddie Executives with Securities Fraud
Mike Scarcella, BLT Blog, Judge Rules For DOJ In Suit Over Politicized Hiring (w/ a hat tip to Ivan Dominguez)
Steven Erlanger, NYTimes, Chirac Found Guilty in Political Funding Case
Mike Scarcella, BLT Blog, Judge Chides Prosecutors In FCPA Case Over Secret Notes
Tom Huddleston Jr., AMLaw Daily, Ex-Am Law Associate Kluger Pleads Guilty in $37 Million Insider Trading Scheme