S&C Research & Reports

 
Sullivan & Cromwell LLP

Research & Reports

Foreign Corrupt Practices Act Alerts

June 16, 2016

Louis Berger Group, Inc. Sues Former Executive for Authorizing Improper Payments That Resulted in Company Paying $17.1 Million Penalty in FCPA Settlement. · Read the Alert 

April 6, 2016

DOJ Launches FCPA Enforcement "Pilot Program". · Read the Alert 

March 2, 2016

Olympus Corp. of the Americas and Olympus Subsidiary Agree to Pay $646 Million and Qualcomm Incorporated Agrees to Pay $7.5 Million to Resolve Allegations of FCPA Violations and Related Charges. · Read the Alert 

February 17, 2016

PTC Inc. and Two Chinese Subsidiaries Agree to Pay More Than $28 Million to Resolve DOJ and SEC Investigations Regarding Payments to Secure Chinese Contracts. · Read the Alert 

February 2, 2016

SAP SE Agrees to Pay Almost $3.9 Million to Resolve SEC Investigation Regarding Payments to Secure Panamanian Contracts. · Read the Alert 

September 29, 2015

Hitachi agrees to pay $19 million to settle SEC FCPA charges arising out of improper payments to South African political party to obtain power station contracts. · Read the Alert 

August 18, 2015

Bank of New York Mellon Corp. agrees to pay $14.8 million to settle SEC corruption charges arising out of internships for family members of sovereign wealth fund officials. · Read the Alert 

June 18, 2015

IAP Worldwide Services, Inc. agrees to pay $7.1 million to resolve DOJ investigation into conspiracy to violate FCPA by providing bribes to Kuwaiti officials. · Read the Alert 

April 9, 2015

FLIR Systems agrees to pay $9.5 million to settle SEC charges of violating the FCPA by providing gifts and personal travel to Saudi Arabian officials. · Read the Alert 

February 24, 2015

Goodyear agrees to pay more than $16 million to settle SEC charges of FCPA violations relating to bribes paid in Kenya and Angola.
· Read the Alert 

Foreign Corrupt Practices Act Articles

ELEVENTH CIRCUIT LIMITS SEC’S ABILITY TO SEEK DISGORGEMENT AND DECLARATORY RELIEF IN AGENCY ACTIONS
June 1, 2016

This article discusses the United States Court of Appeals for the Eleventh Circuit's May 26, 2016 decision in SEC v. Graham, no. 4:13-cv-110011, holding that SEC claims for disgorgement in civil actions are subject to the five-year statute of limitations on suits to enforce "any civil fine, penalty, or forfeiture" under 28 U.S.C. § 2462. · Read Article 

SECOND CIRCUIT RAISES BAR FOR PROOF OF FRAUD UNDER FEDERAL STATUTES.
May 26, 2016

This article discusses the United States Court of Appeals for the Second Circuit's May 23, 2016 decision in United States ex rel. O’Donnell v. Countrywide Home Loans, Inc., no. 15-496-cv, holding that proof that defendants fraudulently intended to breach the representations in their sale contracts at the time the contracts were executed is required to support a violation of the federal fraud statutes. · Read Article 

JUSTICE DEPARTMENT RELEASES NEW PROSECUTION POLICIES
November 18, 2015

This article discusses revisions to the United States Attorneys’ Manual to incorporate previously announced guidance addressing the accountability of individual employees in civil and criminal investigations of corporate wrongdoing. · Read Article 

NEW JUSTICE DEPARTMENT GUIDANCE ON INDIVIDUAL ACCOUNTABILITY
September 14, 2015

This article discusses the Department of Justice's new guidance addressing the accountability of individual employees in civil and criminal investigations of corporate wrongdoing. · Read Article 

SEC FILES ENFORCEMENT ACTION AGAINST EMPLOYER’S WORKPLACE INVESTIGATION CONFIDENTIALITY REQUIREMENT
April 2, 2015

This article discusses an administrative cease-and-desist action against KBR, Inc. that alleged the company's confidentiality requirement for internal investigations contravened the whistleblower provision of the Securities Exchange Act of 1934. · Read Article 

JUDICIAL REVIEW OF DEFERRED PROSECUTION AGREEMENTS
February 6, 2015

This article discusses a decision by Judge Richard J. Leon of the United States District Court for the District of Columbia rejecting as too lenient a proposed Deferred Prosecution Agreement between the Department of Justice and Fokker Services, B.V. arising from admitted violations of U.S. sanctions laws. · Read Article 

WHAT YOU NEED TO KNOW ABOUT THE FCPA BEFORE YOU DO YOUR NEXT DEAL
July/August 2012

This article provides practical tips for minimizing FCPA risk in merger and acquisition transactions. · Read Article 

SPEED READING: TOP 10 ISSUES TO CONSIDER WITH RESPECT TO THE FOREIGN CORRUPT PRACTICES ACT IN M&A TRANSACTIONS AND JOINT VENTURES
February 2012

This article discusses ten key issues that any acquiror should consider in light of potential FCPA liability in M&A transactions and joint ventures. · Read Article 

THE FCPA AND ITS IMPACT ON INTERNATIONAL BUSINESS TRANSACTIONS— SHOULD ANYTHING BE DONE TO MINIMIZE THE CONSEQUENCES OF THE U.S.’S UNIQUE POSITION ON COMBATING OFFSHORE CORRUPTION?
December 2011

This article considers the FCPA’s effects on various participants in the international transactions arena, including governments, companies subject to the FCPA and companies not subject to the FCPA, and proposes changes that could be made to the U.S. approach to combating foreign corruption. · Read Article 

THE FOREIGN CORRUPT PRACTICES ACT IN MERGER AND ACQUISITION TRANSACTIONS: SUCCESSOR LIABILITY AND ITS CONSEQUENCES
Fall 2010

This article examines successor liability for FCPA violations, and discusses the transactional and compliance challenges that can emerge under the doctrine. · Read Article 

FOREIGN CORRUPT PRACTICES ACT - RECENT DEVELOPMENTS
November 8, 2010

This article discusses civil and criminal charges filed against six companies in 2010 arising principally from illicit payments made by affiliates of Panalpina World Transport (Holding) Ltd., a freight forwarder, on behalf of oil services companies in Nigeria · Read Article