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|SEC's Enforcement Action Against Hedge Fund Adviser for Retaliation Against a Whistleblower Highlights Challenges Employers Face|
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
June 20, 2014, previously published on June 18, 2014After repeated warnings over the last few years that it had both the authority and willingness to do so, on June 16, 2014, the SEC brought its first enforcement action for retaliation against a whistleblower under the Dodd-Frank Wall Street Reform and Consumer Protection Act...
|Credit Unions Beware - the TARP Watchdog Is Ready to Pounce|
Joanna P. Breslow Boyd, Michael J. Rivera; Venable LLP;
June 11, 2014, previously published on June 2014Credit unions participating in the Troubled Asset Relief Program (TARP) are now a major blip on the radar screen of the TARP watchdog, the Special Inspector General for TARP (SIGTARP). TARP, often referred to as the "bank bailout," is most remembered for investing over $200 billion of...
|FCPA 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;
June 11, 2014, previously published on May 2014On 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...
|Brazil’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;
June 11, 2014, previously published on June 3, 2014Yesterday (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...
|US 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;
June 3, 2014, previously published on May 29, 2014The 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...
|Nazir Karigar Sentenced to Three Years Imprisonment for Violating Corruption of Foreign Public Officials Act|
Nicolas Businger, Tyler Hodgson; Borden Ladner Gervais LLP;
May 30, 2014, previously published on May 26, 2014On 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...
|Who is a Foreign Official?|
McDonald Hopkins LLC;
May 29, 2014, previously published on May 27, 2014On 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...
|Eleventh 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;
May 29, 2014, previously published on May 20, 2014On 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...
|U.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;
May 27, 2014, previously published on May 22, 2014On 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...
|The Eleventh Circuit Defines "Instrumentality" of a Foreign Government under the Foreign Corrupt Practices Act|
Joanna P. Breslow Boyd, William H. Devaney; Venable LLP;
May 27, 2014, previously published on May 2014On 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...