Following recent trends, the U.S. Securities and Exchange Commission brought an administrative proceeding against a U.S. issuer for the corrupt activities of its foreign subsidiaries.
The Foreign Corrupt Practices Act (“FCPA”) should be top of mind for any manufacturer conducting or considering international business.
At the American Conference Institute’s 9th Annual Houston Foreign Corrupt Practices Act Boot Camp, January 27-28, 2015, Deputy Criminal Chief Jason Varnado, from the Major Fraud Section of the United States Attorney’s Office in the Southern District of Texas, offered the audience of compliance and audit professionals insight into what the Department of Justice (DOJ) expects to see in corporate FCPA compliance programs.
An official of the Federal Bureau of Investigations (FBI) recently reported that the Agency has established three new squads of enforcement officials and stands ready to deploy them to the FBI’s three largest field offices.
Last week, the Justice Department filed the first FCPA case of 2015 when it indicted Dmitrij Harder, the former owner and president the Chestnut Consulting Group in Huntingdon Valley, Pa.
On January 9, 2015, the FCC released a Forfeiture Order against AmericanWest Advertising, LLC (“AmericanWest”) for alleged violations of the Telephone Consumer Protection Act’s (“TCPA”) prohibitions on unsolicited pre-recorded sales calls. In its Order, the Commission imposed a monetary penalty of $18,000 based on consumer complaints that AmericanWest delivered four unsolicited, pre-recorded advertising messages to consumers in March 2010 telling them that they had won vacation packages.
The head of the Department of Justice (DOJ) Criminal Division warned Friday that Foreign Criminal Practices Act (FCPA) prosecutions will increasingly target individuals wrongdoers, rather than corporations. Assistant Attorney General Leslie Caldwell, speaking at the American Conference Institute’s National Conference on the Foreign Criminal Practices Act, outlined a two-prong approach to attack foreign corruption.
Marshall Miller, the Justice Department’s principal Deputy Assistant Attorney General for the Criminal Division, has been heating up the compliance conference circuit in recent weeks.
On October 6, 2014, the U.S. Supreme Court denied an August 14, 2014, petition for writ of certiorari by Joel Esquenazi and Carlos Rodriquez, former owners of Terra Communications (Terra). The petition asked the court to define who counts as a foreign official under the Foreign Corrupt Practices Act (FCPA).
On September 30, 2014, AT&T Mobility (“AT&T”) asked a U.S. District Court judge to approve a settlement agreement that would resolve a class action arising under the Telephone Consumer Protection Act (“TCPA” or “Act”).