Monday, February 3, 2014

The Long Reach of the Foreign Corrupt Practices Act

Today's WSJ reports on the probe by the DOJ investigating whether financial firms such as Goldman Sachs, Credit Suisse, JPMorgan, Och-Ziff Capital Management and even Blackstone have violated the anti bribery law in their dealings with Libya.

This follows other reported ongoing investigations into other famous firm-country pairs such as Wal-Mart - Mexico and JPMorgan - China.

FCPA investigations are highly fact intensive that can translate into large legal bills.  For example,  Wal-Mart supposed haas spent over $230 million with no end in sight.

The range of the investigations publicized (and I'm only talking about the high profile cases) shows that the government will look at alleged misconduct worldwide, but they won't take every case that's publicized. For example, I wonder whether the SEC or the DOJ is taking any action on the alleged bribery of UK police officers by News Corp. reporters.  

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