Note: A shorter version of this post was published by Bloomberg News on May 14. You can find the article here. By Sara Kropf I’ve written before about the Department of Justice’s questionable tactics in an FCPA case against two former executives for Cognizant...
The Hoskins Prosecution Comes To An End
By Dan Portnov On Friday, November 8, 2019, Lawrence Hoskins was convicted of violating the Foreign Corrupt Practices Act.[1] The jury verdict, delivered on a Friday afternoon in Connecticut, barely made the national news (the bar has been set higher these days), but...
Music City and the FCPA: What More Can You Want?
By: Sara Kropf If you are new to white-collar work, you will quickly hear about the Foreign Corrupt Practices Act or FCPA. For you seasoned attorneys out there, you may feel like you've heard too much about it. But here's the thing: you can always learn more. And I...
The FCPA Institute Is Coming to Washington
By: Sara Kropf Fellow blogger and professor Mike Koehler is bringing his famed "FCPA Institute" to Washington, DC on September 19 and 20. If you've always wanted to handle FCPA cases, or already handle them but want to learn more, go to this event. Here's more detail...
Is the FCPA Unit Really Interested in “Transparency”?
By: Sara Kropf For anyone who handles FCPA cases, the blog aptly titled FCPA Professor is required reading. Professor Mike Koehler covers all aspects of the statute, from reported court decisions interpreting its reach to updates on recent prosecutions under it. Prof....
DOJ’s Sales Pitch Continues, But It’s Not All Bad
By: Sara Kropf A few weeks ago, I wrote a blog post about my disappointment that white-collar criminal defense attorneys too often treat cooperation with the government as a default position. Well, the government just sweetened the cooperation pot a little bit more....
Collateral Damage: FCPA-Related Non-Prosecution Agreement for Hewlett-Packard Leads to Civil RICO Lawsuit
By: Sara Kropf A non-prosecution agreement is a wonderful thing. But it may not mean the end of the woes for a company under government investigation. Hewlett-Packard (HP), the California-based technology firm, and its Mexican subsidiary, HP Mexico, entered into an...
Where Are They Now? An Update on Past Posts
By: Sara Kropf Several of the cases I’ve featured in my posts over the last year have had significant developments or come to a close. It’s always interesting—and moderately depressing—to see how things turned out. When an FBI Agent Is the Bad Guy First up we have...
When Criminal Law and the First Amendment Meet: Can Internal Investigation Reports Be Defamation?
By: Sara Kropf At the end of an internal investigation, outside counsel frequently prepares a written report. That written report may be for the Board of Directors only or it may be passed along to the Department of Justice. In the report, the company has every...
Where Are They Now? An Update on Past Posts
By: Sara Kropf Every few weeks, I review the press releases for the U.S. Attorneys' Offices across the country. In the blur of stories about drug busts and indictments for low-level health care fraud, sometimes a name sounds familiar. No, not because it’s a friend. Or...