At the SEC Speaks conference, Kara Brockmeyer addressed foreign data privacy laws, the commission’s focus on charging individuals, and the risks faced by small and medium-sized businesses in the current anti-corruption enforcement environment.
In an assault on the Securities and Exchange Commission’s increasingly popular “cease and desist” proceedings, a Georgia investment company argues that the agency’s in-house system violates the Constitution because its judges can’t directly be fired by the President of the United States.
The discussion of the “routine governmental action” exception, represents only the second time an appellate court has addressed this issue and confirms that bribe payments will rarely be found to fall within the ambit of this narrow exception to the FCPA’s bribery prohibition.
The parties selected Layn Philips, a former District Judge for the Western District of Oklahoma, to sort out the pending claims. A judge dismissed the plaintiff’s second amended complaint last year.
U.S. District Court Judge Richard J. Leon for the District of Columbia on Feb. 5 said he would not approve a deferred prosecution agreement between the Dutch aerospace services provider and the Justice Department.
The industrial manufacturer wrote in the filing that it had already informed both the Justice Department and the SEC about the possible bribery.
The New York-based broker dealer is blaming its audit firm for failing to detect a Venezuelan bribery scheme executed by the company’s former officers.
Executives of the Houston-based oil services company also made “materially false and misleading statements” about compliance with the Foreign Corrupt Practices Act, the complaint alleges.
The new amicus brief is the commission’s second attempt to get the U.S. Court of Appeals for the Second Circuit to rule in favor of expanded protection to whistleblowers who report internally to companies or to other government agencies.
The Global Magnitsky Human Rights Accountability Act authorizes visa bans and a block on the U.S. assets of corrupt officials of foreign governments.
The Ontario Securities Commission has been consulting with officials at the U.S. Securities and Exchange Commission’s Office of the Whistleblower.
The ICU was formed in 2008 to oversee international corruption and fraud investigations, and recently added kleptocracy to its remit.
Among seven pages of written “questions for the record,” the Texas Republican broached a new idea: Don’t enforce the FCPA if a violation occurred in a country with its own anti-corruption laws.
In the strongest rejection of a DPA to date, Judge Leon found the agreement too lenient, “grossly disproportionate” in light of the conduct charged by the government, expanding upon a recent trend of increased judicial scrutiny of DPAs and similar settlement agreements, and carving out a robust role for federal judges in overseeing the DPA process.
Saying that there was “no excuse” for the continued delays, Rio Tinto argued that BSGR was “flout[ing]” the court by refusing to produce documents in the letter addressed to Magistrate Judge Andrew J. Peck for the Southern District of New York.
President Barack Obama speaks at outgoing Attorney General Eric Holder's portrait unveiling ceremony.
Attorney General Eric Holder called for a lower bar to federal civil rights prosecutions in an exit interview with Politico's Mike Allen.