Bribe, Swindle or Steal

TRACE’s Director of Compliance Resources, Illya Antonenko, looks back at the CCI case from 2009. Although a relatively small FCPA resolution financially, there are a number of interesting issues, including a corrupt corporate culture and reaching commercial bribery via the Travel Act.

Tess Davis, Executive Director of the Antiquities Coalition, describes how criminals use art and antiquities for corruption, to launder money and to fund terrorism. She also discusses the current legal state of play and how the public can be part of the solution.

Abigail Bellows with the Carnegie Endowment for International Peace describes how a $5 million surcharge could be levied on FCPA enforcement actions and then deployed quickly to support incipient anti-corruption efforts worldwide. This would address, in part, concerns that the victims of corruption rarely benefit from the substantial sums involved in settlements.

Omar Zuniga of Mexico City’s Creel law firm discusses the tax provisions there that are making companies nervous and prompting a scramble to vet vendors against black lists.

Barnard College professor Alex Cooley and Wiley partner Kevin Muhlendorf discuss telecommunications scandals and the risk of corruption in 5G telecom implementation. They are the authors of chapters on these two subjects in TRACE’s new book Corrosive: Corruption and its Consequences.

Kara Brockmeyer, a partner in Debevoise & Plimpton’s Washington office and former Chief of the SEC’s FCPA Unit, discusses some changes she’s observed in the implementation of compliance programs with much of the world in lockdown. She also describes the pace of investigations now that DOJ and SEC lawyers are working remotely and she wraps up with a few predictions about what we might see in this field post-pandemic.

Darshak Dholakia, a partner in Dechert’s Washington office, provides a timely overview of the current Committee on Foreign Investment in the United States (CFIUS) approach to foreign investment in the US, comparable laws of other countries and how scrutiny of healthcare and biotechnology sectors may increase in light of the COVID-19 pandemic.

Bill Steinman--of Steinman & Rodgers--takes us back to 2014 and the Eleventh Circuit’s very fact-specific analysis of what constitutes a “foreign official” under the FCPA.

Melissa Duffy, a partner at Dechert LLP focused on international trade matters, provides an excellent review of the current status of the movement of goods into and out of the United States by air, land and sea. Melissa also addresses relevant tariffs, including recent exemptions, and restrictions by other countries on the export of their own critical medical supplies and equipment. Melissa wraps up with some very practical strategies for companies on managing the movement of goods in these uncertain times.