The non-prosecution agreements with the SEC and DOJ have been closely scrutinized by the FCPA bar for clues to where U.S. law enforcers are going.
On April 22, Ralph Lauren Corp. filed a current report with the Securities and Exchange Commission recording its non-prosecution agreements with both the SEC and Justice Department to resolve allegations of bribery in Argentina.
Ralph Lauren is the first FCPA-related case to be settled by the Securities and Exchange Commission with an NPA as opposed to a DPA.
Richard Morlok and Mario Covino were each sentenced March 11 to home confinement and probation. Cooperating defendant Flavio Ricotti, who previously spent nearly 11 months in federal custody, was sentenced to time served on March 18.
Two cooperating defendants at the California valve company Control Components Inc. were shown comparative leniency today as a federal judge imposed sentences of three years’ probation and three month’s home confinement for their roles in the company’s widespread foreign bribery.
Richard Morlok, the company’s former finance director, was also ordered to pay a $5,000 fine and [...]
Glen McGorty helped oversee the prosecution of former New York State Sen. Carl Kruger.
Prosecutors want Hong “Rose” Carson, the former China and Taiwan sales director of Control Components Inc., to serve six months of home confinement and pay a $20,000 fine for authorizing bribery in Taiwan.
The filing of the voluntary dismissal, late on the evening before a long holiday weekend, appeared timed to minimize media attention. UPDATE: 5/27.
Corporations want assurances that they won’t linger on a suspensions list after entering a guilty plea, which could lead to a loss of federal contracts or cash flow problems, government contracting attorneys say.
Rep. Betty McCollum (D-Minn.) doesn’t want corporations convicted of federal offenses to see penalties merely as the cost of doing business.
Judge A. Howard Matz in Los Angeles also indicated he didn’t find the underlying bribery case compelling, though the motion to dismiss was granted based on a finding of prosecutorial misconduct.
U.S. District Judge A. Howard Matz tentatively ruled Tuesday to dismiss with prejudice the foreign bribery convictions in the Lindsey Manufacturing Co. case.
A case that has already sparked serious accusations shows no sign of cooling.
Venable LLP announced yesterday that white collar defense attorney Jan Handzlik joined the firm as a partner in its SEC/White-Collar Group.
The defendants characterize “honest mistakes” as misconduct and strain to find misconduct where there is none, the Justice Department said.
Attorneys for the company say the misconduct was “pervasive.”
Preston Burton has formed his own firm.
The legislative history was “inconclusive,” the judge, A. Howard Matz, said.
The ruling is a decisive win for the DOJ as it defends its Foreign Corrupt Practices Act enforcement record.
Judge throws out some government evidence.
The order deals a setback to the government in a closely-watched challenge to the definition of who counts as a “foreign official” under the FCPA. The order is just one development in a case rife with drama. UPDATED 2:07 p.m.
The case against Lindsey Manufacturing provides the latest core challenge to the FCPA.
The 34 Assistant U.S. Attorneys sworn in during the ceremonial investiture took office between December 2009 and January 2011.
The nominee was the U.S. Attorney in the District of Columbia from 1998 to 2001.
Defense lawyers characterized the government’s conduct as demonstrating a “disturbing pattern of distortion.” A response to those allegations, and to the “foreign official” challenge, is expected on Monday.
Lindsey Manufacturing Co., whose case is scheduled for trial in Los Angeles later this month, said the individuals who allegedly received bribes from the company are not “foreign officials” under the Foreign Corrupt Practices Act.
A judge rules against the defense but puts curbs on prosecutors in doing so.
The closely watched case is scheduled to go to trial in Los Angeles next month.
The Houston-based oil driller said in a May 2008 regulatory filing that it became a target in pending enforcement investigations by the SEC and DOJ. The company hired former SEC enforcement lawyer Tom Hanusik of Crowell & Moring LLP in Washington, D.C., to investigate.
ERNST & YOUNG LLP's BRIAN LOUGHMAN ON TRENDS IN GLOBAL FORENSIC ACCOUNTING: Loughman, the Americas leader of Fraud Investigation & Dispute Services, discusses how increased government enforcement, awareness of corruption risk and an emphasis on proactive compliance assessments by corporations is driving double-digit growth in the New York-based practice he leads.
"[T]he administrative judge erroneously concluded that [DOJ] created this delegation in an effort to bypass" Professional Misconduct Review Unit procedures. -- Justice Department appeal of Merit Systems Protection Board judge's order reversing the suspensions of two Assistant U.S. Attorneys who were blamed for the botched prosecution of Sen. Ted Stevens.
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