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Today’s post is from Sara Kropf. A shorter version of this post was published by Bloomberg News on May 14, 2024. (See here).
I’ve written before about the Department of Justice’s questionable tactics in an FCPA case against two former executives for Cognizant Technology Solutions. The two executives eventually lost their bid to suppress certain statements made

Ten years ago this week, the 11th Circuit released its decision in U.S. v. Esquenazi.
The case was, and remains, the only appellate court decision in Foreign Corrupt Practices Act history to substantively address the FCPA’s “foreign official” element.
As discussed below, the Esquenazi decision was, and remains, a flawed decision.
In pertinent part the court stated:

Ten years ago this week, the 11th Circuit released its decision in U.S. v. Esquenazi. Set forth below is the post originally published on FCPA Professor on May 16, 2014 summarizing the decision.
Numerous prior posts (see here for instance) have highlighted the historic appeal in U.S. v. Joel Esquenazi and Carlos Rodriguez.
Although there were

It is rare for a publicly traded company to force the Securities and Exchange Commission to prove a civil case in court. The vast majority of issuers opt to resolve a matter through – in recent years – nearly always an administrative order.
It is extremely rare for a publicly traded company to force the

The Foreign Corrupt Practices Act has always been a law much broader than its name suggests.
Sure, the FCPA contains anti-bribery provisions which concern foreign bribery.
Sure, the FCPA’s books and records and internal controls provisions can be implicated in foreign bribery schemes.
However, the fact remains that most FCPA enforcement actions (that is enforcement

If you have a pair of “FCPA goggles” (in other words – knowledge of the FCPA and how it is enforced) you no doubt know that some Foreign Corrupt Practices Act enforcement actions have involved, in whole or in part, charitable donations.
See here and here for the Schering Plough and Eli Lilly enforcement actions involving

To “fund” a bribery scheme, often times money needs to be “generated” within a business organization.
As highlighted below, in numerous Foreign Corrupt Practices Act enforcement actions the money is “generated” through an invoicing scheme with a third party.
The below enforcement actions are not the complete list of enforcement actions to involve an invoicing

The Foreign Corrupt Practices Act concerns bribery of foreign officials.
This post concerns bribery of U.S. officials.
Last week the DOJ announced that U.S. Congressman Enrique Roberto “Henry” Cuellar (D-TX) and his wife, Imelda Cuellar, were criminally charged with participating in two schemes involving bribery, unlawful foreign influence, and money laundering.

This indictment alleges in