On August 9, 2019, Mexican President Andrés Manuel López Obrador passed legislation that added corruption to the catalogue of criminal conduct subject to asset forfeiture proceedings. Mexico’s new Ley Nacional de Extinción de Dominio (Asset Forfeiture Law), in conjunction with harmonizing amendments to the Código Nacional de Procedimientos Penales (National Code of Civil Procedure), empowers … Continue Reading
In part two of our series on Mexico’s anticorruption legislation, we take a closer look at both the 2016 amendments to the Federal Criminal Code and the compliance provisions of the General Law of Administrative Responsibility as these laws apply to legal entities. Although these amendments are generally discussed separately, we believe that these laws, … Continue Reading
As a tsunami of corruption scandals devastates Latin America’s political landscape, it can be easy to dismiss the slow and uncertain steps many countries are taking in the fight against corruption as political jujitsu, enough to appease but not to change. We do not, and we remain optimistic as Mexico, Peru, Colombia, Argentina and – … Continue Reading
Conduct Following the close of the prosecution’s case on a trial for charges arising under the Foreign Corrupt Practices Act (“FCPA”), John Joseph O’Shea (“O’Shea”) was acquitted of all substantive FCPA counts, with the court (Southern District of Texas) finding that O’Shea’s conduct could be reasonably explained by lawful motives. O’Shea, a former general manager … Continue Reading
Last week, corporate defendant Lindsey Manufacturing, Inc. (“Lindsey Manufacturing”) was convicted of violating the Foreign Corrupt Practices Act (FCPA) for allegedly bribing and conspiring to bribe representatives of a state-owned Mexican utility through a third party intermediary. The Department of Justice’s press release on the case can be found here. Conduct The Department of Justice … Continue Reading
Last Thursday, May 5, 2011, the Mexican Senate approved President Felipe Calderon’s Federal Anti-Corruption in Government Contracting initiative. Our colleagues at Sánchez DeVanny Eseverri, S.C. (“Sánchez DeVanny”), Mexico have analyzed the new legislation and provide its highlights below: It establishes the responsibility and sanctions applicable to individuals and legal entities, whether national or foreign, acting … Continue Reading
Two executives from a Chinese company were arrested by the Mexican Federal Police working together with the Federal Comptroller and the Attorney General’s office.This is the first time corporate executives are arrested as a result of a claim brought by Public Servants in Mexico. On November 30th 2010, the two Chinese executives delivered $3,000 USD … Continue Reading
