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Adobe PDFFCPA Update: Eleventh Circuit Defines "Instrumentalities" of Foreign Governments
Reed C. Bienvenu, Joshua A. Goldberg, Deirdre A. McEvoy, Daniel S. Ruzumna, Harry Sandick; Patterson Belknap Webb & Tyler LLP;
Legal Alert/Article
June 11, 2014, previously published on May 2014
On May 16, 2014, the Eleventh Circuit issued its decision in United States v. Esquenazi, an important ruling that provides guidance as to what types of foreign entities may constitute “instrumentalities” of a foreign government under the anti-bribery provisions of the Foreign Corrupt...

 

HTMLBrazil’s Office of the Comptroller General issues Guidelines in Connection with Entertainment of Public officials during the FIFA World Cup in Brazil
Kelly B. Kramer, Salim Jorge Saud Neto; Mayer Brown LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
Yesterday (2 June 2014), Brazil’s Office of the Comptroller General enacted Normative Guideline N. 01/2014 prescribing the terms under which Brazilian federal public officials may accept invitations to attend the 2014 FIFA World Cup being held in Brazil. The FIFA 2014 World Cup is the...

 

HTMLUS Department of Justice Announces New Policy to Record Statements
Kelly B. Kramer, Lori E. Lightfoot, Michael Martinez, William Michael, Lee H. Rubin; Mayer Brown LLP;
Legal Alert/Article
June 3, 2014, previously published on May 29, 2014
The US Department of Justice (“DOJ”) has announced a new policy with respect to the electronic recording of statements made by individuals in custodial situations prior to a person’s initial appearance before a judicial officer. Beginning July 11, 2014, there will be a...

 

HTMLNazir Karigar Sentenced to Three Years Imprisonment for Violating Corruption of Foreign Public Officials Act
Nicolas Businger, Tyler Hodgson; Borden Ladner Gervais LLP;
Legal Alert/Article
May 30, 2014, previously published on May 26, 2014
On May 23, 2014, Justice Charles Hackland of the Ontario Superior Court sentenced Nazir Karigar, a former executive, to three years imprisonment. Justice Hackland had previously found that Mr. Karigar had violated the Corruption of Foreign Public Officials Act (CFPOA) by agreeing to offer bribes to...

 

HTMLWho is a Foreign Official?
McDonald Hopkins LLC;
Legal Alert/Article
May 29, 2014, previously published on May 27, 2014
On May 16, 2014, the U.S. Court of Appeals for the 11th Circuit issued the highly anticipated opinion in United States v. Esquenazi. In affirming the longest sentences ever imposed under the Foreign Corrupt Practices Act (FCPA), the court held that bribe payments to a foreign state-owned business...

 

HTMLEleventh Circuit Addresses Scope of FCPA Coverage of Activity Involving State-Controlled Business Enterprises
Gary DiBianco, Mitchell S. Ettinger, Warren L. Feldman, Eric J. Gorman, Bradley A. Klein; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
Legal Alert/Article
May 29, 2014, previously published on May 20, 2014
On May 16, 2014, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit provided the first appellate court interpretation of the reach of the U.S. Foreign Corrupt Practices Act (FCPA) to conduct involving state-controlled business entities. Affirming two FCPA convictions, the...

 

HTMLThe Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
Legal Alert/Article
May 27, 2014, previously published on May 2014
On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld the convictions of Joel Esquenazi and Carlos Rodriguez, former executives for Terra Communications, convicted of paying bribes to officials of Haiti Teleco, Haiti's state-owned telecommunications company. Esquenazi and...

 

HTMLU.S. District Judge in Florida Dismisses SEC Action Against Corporate Defendants and Holds that Five-Year Statute of Limitations Removed the Court’s Subject-Matter Jurisdiction
Peter J. Anderson, Keith J. Barnett, Bruce M. Bettigole, Brian L. Rubin, W. Scott Sorrels; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 27, 2014, previously published on May 22, 2014
On May 12, Judge James Lawrence King of the U.S. District Court for the Southern District of Florida dismissed with prejudice the U.S. Securities and Exchange Commission’s (SEC) case against five defendants in an action alleging that the defendants engaged in securities fraud.1 In ordering...

 

HTMLCosmetics Company Agrees to Pay US$135M to Settle FCPA Claims
Joseph De Simone, Richard M. Rosenfeld, Allison J. Zolot; Mayer Brown LLP;
Legal Alert/Article
May 12, 2014, previously published on May 8, 2014
On May 1, 2014, it was announced that Avon Products, Inc., reached a settlement with US regulators over a long-standing federal probe into whether the cosmetics company paid bribes in China and other countries to gain favors. New York-based Avon agreed to pay $135 million in fines and other costs...

 

HTMLCapital Punishment in the Corporate World - A First in the Czech Republic
Stanislav Mecl; Kinstellar s.r.o.;
Legal Alert/Article
May 6, 2014, previously published on April 2014
A look at the Czech Corporate Criminal Liability Act in practice.

 


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