A Criminal First: Company Convicted of Foreign Bribery – Law Blog – WSJ

A new, ominous milestone has been reached in foreign-bribery prosecutions: a company has been criminally convicted for violating the Foreign Corrupt Practices Act.

California’s Lindsey Manufacturing Co., which makes electricity transmission equipment, was convicted on six, FCPA-related counts, as were the company’s CEO and CFO.

Here’s a report from the National Law Journal and one from the LA Times.

“Lindsey Manufacturing is the first company to be tried and convicted on FCPA violations, but it will not be the last,” said the DOJ’s Lanny Breuer.

Prosecutors claimed that Lindsey hired a salesman in Mexico to bribe a government official to help Lindsey try to win business from a Mexican-owned power company, the LA Times reports.

Lindsey’s  Mexican salesman allegedly bought the official a $297,500 Ferrari, a $1.8 million yacht and also paid off more than $170,000 of the official’s credit card debt, according to the Tiems.

Lindsey CEO Keith Lindsey and CFO Steve Lee face maximum prison sentences of 30 years, the NLJ reports.

via A Criminal First: Company Convicted of Foreign Bribery – Law Blog – WSJ.

SEC: Wall Street, Meet the FCPA – Law Blog – WSJ

When we think of Foreign Corrupt Practices Act cases, we tend to think of big, multi-national companies. Technology behemoths. Manufacturing companies. Shipping concerns.

But scrutiny under the FCPA, a 1977 law that essentially criminalizes bribery of foreign officials, seems to be making its way to Wall Street.

The Securities and Exchange Commission is investigating whether banks and private-equity firms violated bribery laws in their dealings with sovereign-wealth funds, according to people familiar with the matter. Click here for Dionne Searcey and Randall Smith’s article in today’s WSJ; click here for the NYT story; here for the Bloomberg story.

According to the WSJ, the SEC has sent letters of inquiry to banks such as Citigroup as well as private-equity firms including Blackstone Group, the people said. Though the letters didn’t contain specific allegations of bribery, they requested that firms retain documents and asked about the firms’ dealings with sovereign-wealth funds, the people said.

via SEC: Wall Street, Meet the FCPA – Law Blog – WSJ.

Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules

International firms allied with local Brazilian shops could see those relationships come under renewed scrutiny as the Sao Paulo Bar Association has concluded that the tie-ups could breach local practice rules, Legal Week reports.

The legal market in Brazil has been particularly active in recent months. Milbank, Tweed, Hadley & McCloy hired the head of Shearman & Sterling’s Sao Paulo office in April, only a few months after both Gibson, Dunn & Crutcher and Simpson Thacher & Bartlett announced they were opening offices in the city.

Legal Week notes that the recent opinion by an ethical and disciplinary panel of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world’s fastest-growing economies. While the opinion is only advisory, Legal Week reports it is an indication of where a more formal ruling would fall should a case be brought against one of the major U.S. firms operating in Brazil in alliance with a local firm.

via Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules.

U.S. Government’s FCPA Probe of Weatherford Expands

The federal government’s probe into Weatherford International Ltd’s dealings in foreign countries has burgeoned far beyond a simple bribe inquiry by the Securities and Exchange Commission. It is now a multi-agency civil and criminal investigation into allegations that Weatherford did business with terrorist-friendly countries that are under U.S. trade sanctions.

Weatherford is one of the world’s largest oilfield service companies, operating in over 100 countries.

In an unusual twist to the tale last year, Weatherford general counsel Burt Martin left his job in mid-probe, and the company decided to move its headquarters from Houston to Geneva, Switzerland. It still has U.S. operations in Houston.

The company conceded in its 10-Q financial report to the SEC on May 3 that the federal inquiry that began in 2006 has now grown to include the Department of Justice, the Department of Commerce’s Bureau of Industry & Security, and the U.S. Treasury’s Office of Foreign Assets Control. The latter two agencies handle matters of national security.

The report said the feds are looking at allegations on three fronts. They include Weatherford’s participation in the scandal-plagued Oil-for-Food program, the possible misuse of $175,000 at a European subsidiary for alleged bribes in violation of the Foreign Corrupt Practices Act, and the sales of services and products “in certain sanctioned countries.”

It specifically cited Cuba, Iran, Sudan, and Syria — four countries under U.S. sanctions due to their support of terrorism and/or violations of human rights.

The company said it is cooperating with the multi-faceted probe. The report said it has incurred $53 million in costs related to its exit from sanctioned countries and incurred $108 million for legal and professional fees in connection with the ongoing investigations.

via U.S. Government’s FCPA Probe of Weatherford Expands.

Gifts and Business Entertainment Under the FCPA | Thomas Fox – JDSupra

If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials by a US Company, one might reasonably conclude that after 30 odd years of the Foreign Corrupt Practices Act (FCPA), US companies might follow its prescriptions regarding gifts and business entertainment. However 2009 brought about a couple of notable FCPA enforcement actions where one of the significant FCPA violations was precisely in this area.

via Gifts and Business Entertainment Under the FCPA | Thomas Fox – JDSupra.

Foreign Corrupt Practices Act Update | Sheppard Mullin Richter & Hampton LLP – JDSupra

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The Department of Justice (“DOJ” or “Department”) and the Securities and Exchange Commission (“SEC”) have dramatically stepped up their enforcement of the Foreign Corrupt Practices Act (“FCPA”). Perhaps the most noteworthy development this year was the first ever FCPA sting in which Federal Bureau of Investigations (“FBI”) agents posed as agents representing foreign government officials and solicited bribes from executives in the defense and law enforcement products industry. However, less sensational enforcement efforts—including investigations arising out of industry-wide probes and self-reporting—continue to be a focus for the DOJ and reports of more investigations surface seemingly every week. Most recently it has come to light that Australian natural resources firm, BHP Billiton, is under investigation by the SEC for possible violations of the FCPA, as well as by officials from the United Kingdom for possible corruption stemming from their operations in Cambodia and elsewhere.

via Foreign Corrupt Practices Act Update | Sheppard Mullin Richter & Hampton LLP – JDSupra.

PDF: USDOJ’s Lay-Person’s Guide to the FCPA

INTRODUCTION

The 1988 Trade Act directed the Attorney General to provide guidance concerning theDepartment of Justice’s enforcement policy with respect to the Foreign Corrupt Practices Act of 1977 (“FCPA”), 15 U.S.C. §§ 78dd-1, et seq., to potential exporters and small businesses thatare unable to obtain specialized counsel on issues related to the FCPA. The guidance is limitedto responses to requests under the Department of Justice‘s Foreign Corrupt Practices Act Opinion Procedure (described below at p. 10) and to general explanations of complianceresponsibilities and potential liabilities under the FCPA. This brochure constitutes the Department of Justice’s general explanation of the FCPA.

Download (PDF, 42.02KB)

Courtesy USDOJ FCPA Web Site

Foreign Corrupt Practices Act Cases Rise, Fines Mounting – TIME

Why must Daimler AG, the German automaker, pay big fines to the U.S. government because two of its subsidiaries, one in Germany and the other in Russia, made improper payments to government officials of countries other than the U.S., such as China, Egypt and Serbia?

Welcome to the age of the Foreign Corrupt Practices Act (FCPA), a far-reaching bit of American legislation that cracks down on corporate bribery in all its forms and is rattling the cages of corporate chiefs the world over. The Department of Justice (DOJ) has jurisdiction over all related criminal violations under the act, and the Securities and Exchange Commission (SEC) keeps tabs on the civil violations committed by U.S. companies. What’s more, the law doesn’t just mean the U.S. government is looking for past incidents of corruption; it’s also stirring the pot to see who may be corruptible in the future.

via Foreign Corrupt Practices Act Cases Rise, Fines Mounting – TIME.

Suspension of FCPA in Haiti NOT the Solution | Thomas Fox – JDSupra

Should enforcement of the Foreign Corrupt Practices Act (FCPA) be suspended for those US companies now working in Haiti? This topic has been in discussion for a few weeks. It began with a statement by Wall Street Journal editorial board member Mary Anastasia O’Grady in a piece entitled “Democrats and Haiti Telecom”. Ms. O’Grady cited “an American entrepreneur” for the quote “We did not bother with Haiti as the Foreign Corrupt Practices Act precludes legitimate U.S. entities from entering the Haitian market. Haiti is pure pay to play”.

As the lead editorial in its Sunday, March 28 edition, the New York Times urged that Haiti “will need to sweep out the old, bad ways of doing things, not only those of the infamously corrupt and hapless government, but also of aid and development agencies, whose nurturing of Haiti has been a manifest failure for more than half a century”. The piece suggested the following ideas to further this goal: Transparency, Accountability and Effectiveness; Haitian Involvement, Self-Sufficiency; Tapping the Diaspora and De-centralization as some of the keys for a successful rebuilding of Haiti. These ideas applied to groups both inside the country and out. But it is clear that the Times did not suggest that cow-towing to a “pay to play state” by suspending the enforcement of the FCPA was a way to move forward.

via Suspension of FCPA in Haitia NOT the Solution | Thomas Fox – JDSupra.

Effective Corporate Compliance Is Essential When Dealing with Foreign Transactions and Policies Relating to the Foreign Corrupt Practices Act By Charles A. De Monaco | Fox Rothschild – JDSupra

Effective corporate compliance to prevent and detect violations of law is the most effective way to stay compliant with the developing law regarding the Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §78m. This article is intended to provide a brief overview of the FCPA and why corporate compliance is essential to compliance with that Act and other laws and regulations.

via Effective Corporate Compliance Is Essential When Dealing with Foreign Transactions and Policies Relating to the Foreign Corrupt Practices Act By Charles A. De Monaco | Fox Rothschild – JDSupra.