Government Contracts Monitor

Catch Me If You Can: Extradition of FCPA Violators

August 24, 2015

In this era of Foreign Corrupt Practices Act (FCPA) enforcement, the Department of Justice (DOJ) has a less than perfect track record of successful prosecutions against corporate defendants.  As reported here previously, many of these cases are settled using resolution mechanisms that are not subject to any meaningful judicial scrutiny.  Another problem – one that does not immediately…

Foreign Corrupt Practices – Contractors Getting Off Too Light or DOJ Coming On Too Heavy?

August 3, 2015

Since September 2011, the Department of Justice (DOJ) has tried and failed numerous times to meet its burden of proof in Foreign Corrupt Practices Act (FCPA) enforcement actions.  These cases have been referred to by some as “debacles”.  Perhaps that helps explain why the DOJ recently and somewhat surprisingly announced its settlement of a significant FCPA case with Louis Berger…

Update: All or Almost All You Want to Know About the Foreign Corrupt Practices Act

December 11, 2012

On November 14, 2012 the Criminal Division of the Department of Justice and the Enforcement Division of the Securities and Exchange Commission issued a long promised “Resource Guide” on the U.S. Foreign Corrupt Practice Act (“FCPA”).  As previously reported here, DOJ announced this guide was coming a year ago – and it is worth the wait.  The Guide provides a comprehensive…

New FCPA Guidance Coming

November 17, 2011

Assistant Attorney General Lanny Breuer recently announced that in 2012, the Department of Justice will release detailed new guidance on the Foreign Corrupt Practices Act’s (FCPA) civil and criminal enforcement provisions.  In simple terms, the FCPA prohibits bribery of foreign government officials.  However, in practice, FCPA compliance is anything but simple.  For example, it…

Exporters Beware: What You Don’t Know About Your Offshore Partners Can Hurt You

November 8, 2011

You may understand the financial rewards of selling goods and services abroad, but do you understand the risks?  Whether you are dealing with an offshore partner, distributor or representative, there are proactive steps you should take to protect yourself against potential claims of violating the Foreign Corrupt Practices Act.

Jackson Kelly attorney E. Leslie “Pete” Hoffman will speak…

House Passes Legislation Requiring FCPA Violators to be Proposed for Debarment

September 22, 2010

Legislation approved by the House last week would require federal agencies to propose for debarment federal contractors found to have violated the Foreign Corrupt Practice Act (FCPA).  The FCPA prohibits giving or offering to give anything of value to a foreign official for the purpose of obtaining or retaining business for or with any foreign government.