FCPAméricas Blog
Archive for State-Owned Enterprises category:
How the U.S. Government Criminally Charges a Latin American Public Official
5.28.2013
Last November, then Assistant Attorney General for the Criminal Division of the U.S. Department of Justice (DOJ), Lanny Breuer, told an audience at an FCPA conference: “If you are a foreign official, corrupt, and living in the United States, the U.S. Government will prosecute you.” This month the DOJ made public its criminal charges against […]
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Other Notable FCPA Developments in Latin America in 2012
1.17.2013
Earlier this week, FCPAméricas discussed Latin America’s Top FCPA Enforcement Activity in 2012. Today’s post offers three other notable FCPA developments in the region last year. These developments demonstrate how FCPA enforcement efforts are playing out there. Embraer Investigation Continues: The SEC’s investigation into potential corrupt payments by Brazil-based commercial airline manufacturer Embraer (the world’s […]
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FCPA Enforcement’s Surprising Effect on Foreign SOEs, and Why It Matters
10.11.2012
Robust FCPA enforcement over the last several years has had some obvious effects. Chief among then, it has caused companies to invest considerable attention and resources in anti-corruption compliance. It has inspired other countries to follow suit, enacting their own anti-corruption laws and enforcement programs. It has helped fuel the proliferation of treaties aimed at […]
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“Instrumentality”: Ways the Government’s Power-to-Appoint Creates Control Over SOEs
8.24.2012
This week, the DOJ filed its reply brief in the Esquenazi appeal before the 11th Circuit on the meaning of “foreign official.” This is the first time that an appeals court will consider the heated issue of “instrumentality” under the FCPA – what types of entities constitute “foreign officials” for purposes of foreign bribery. In […]