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Government Enforcement Exposed - "The GEE"
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21 Nov 2014 ASSISTANT ATTORNEY GENERAL URGES COMPANIES TO COOPERATE AND CONDUCT THOROUGH INTERNAL INVESTIGATIONS OF FCPA VIOLATIONS

In remarks prepared for the American Conference Institute’s 31st International Conference on the Foreign Corrupt Practices Act on Nov. 19, 2014, Assistant Attorney General Leslie R. Caldwell emphasized the DOJ’s recent successful prosecutions under the FCPA and urged companies to cooperate and conduct thorough internal investigations of FCPA violations.   Caldwell emphasized the DOJ’s aggressive prosecution of individuals and companies, citing more than 50 convictions of individuals since 2009 (25 of those since 2013) and resolution of cases against more than 50 companies with penalties in forfeiture of approximately $3 billion.   While the DOJ is more aggressively developing and prosecuting cases, Caldwell still called on companies to self-disclose and cooperate.  Caldwell emphasized that she meant a full and timely cooperation, saying, “We do not…

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07 Nov 2014 Bio-Rad Settlement Reinforces FCPA Trends

On Tuesday, the Securities and Exchange Commission (SEC) and Department of Justice (DOJ) announced that both had reached agreements with medical diagnostics and life sciences manufacturing company Bio-Rad Laboratories to resolve allegations that Bio-Rad violated the Foreign Corrupt Practices Act (FCPA) in connection with its engagement of third party intermediaries in Russia, Thailand and Vietnam. The respective releases reveal information about the settlement that places it squarely in line with some emerging trends in the FCPA enforcement arena.   The SEC alleged that Bio-Rad “lacked sufficient internal controls to prevent or detect” $7.5 million in bribes that were paid to Vietnamese and Thai foreign officials during a five-year period and recorded as legitimate expenses, including commissions. The SEC also alleged that Bio-Rad engaged foreign agents…

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