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Foreign Corrupt Practices Act Compliance: A New Focus for Mergers & Acquisitions |
January 29, 2007
Previously published on February 24, 2006
Trends and fads come and go in law just as in all areas of life. The world of white collar crime and corporate governance is no exception. What Congress touts today as the latest and greatest tool in the campaign to clean up corporate America may be tossed aside tomorrow. For example, the Racketeering Influence Corruption Organization Act ("RICO"), which was "all the rage" in the 1980s, interjected into ordinary business fraud lawsuits, is now viewed by most judges as somewhat passé and draconian except in cases that truly involve a criminal enterprise. A more recently discarded implement is the Federal Sentencing Guidelines, passed by Congress in 1987 to enhance the penalties for white collar crime only to be struck down as unconstitutional by the U.S. Supreme Court last year.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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