Even with the absence of any major DOJ FCPA enforcement actions, DOJ issued an interesting FCPA Opinion Letter last week addressing application of the FCPA in circumstances where organizations face imminent serious bodily harm.  While the situation may appear to be unique, it is a factual scenario that occurs more often than DOJ recognizes. In October 2021, a Requestor submitted an Opinion Letter application that...

Even with the absence of any major DOJ FCPA enforcement actions, DOJ issued an interesting FCPA Opinion Letter last week addressing application of the FCPA in circumstances where organizations face imminent serious bodily harm.  While the situation may appear to be unique, it is a factual scenario that occurs more often than DOJ recognizes. In October 2021, a Requestor submitted an Opinion Letter application that...

In my showcase of profound but obvious points, let me add to my collection – an illegal bribe often turns on the actor’s state of mind.  Did he or she act with corrupt intent? The actor’s state of mind is a common element to many criminal offenses.  In most cases, the government has strong evidence of such corrupt intent.  In some cases, the government is...

Legal and compliance practitioners are often asked to review a set of facts and determine whether the actors will potentially violate the FCPA. A lot has been written on the vagueness or lack of clarity surrounding the FCPA. Those opinions are not very persuasive and ignore common sense, legal concepts and good faith. A legal and compliance professional knows the importance of good faith. They...

All generalizations are false, including this one — Mark Twain Proving intent is a difficult task. White collar crimes turn on the issue of intent – what was in the offender’s mind. With most things in life, people have mixed motivations. On occasion, however, it is very clear to understand an actor’s intent. Prosecutors cull through evidence looking for indications, signs of motivation, and ultimately...