Tag Archives: Deferred Prosecution Agreement

Corporate “C” Plea Not Good Enough

A recent decision discusses a corporate “C” plea not being good enough for a federal judge. The case involves a pharmaceutical company trying to negotiate a specific sentence with prosecutors. The judge’s analysis follows below after a short background about a C plea. Types of Guilty Pleas Federal Criminal Rule 11(c)(1) governs plea agreement procedure. It includes a limitation: “The court must not participate … Continue Reading

SEC Enters Into First FCPA-Related Deferred Prosecution Agreement

For the first time in its history of bringing FCPA enforcement actions, the SEC has entered into a deferred-prosecution agreement with a corporate defendant, potentially signaling the start of a trend of tougher SEC action against alleged violators of the FCPA. Conduct Tenaris, a Luxembourg-based global steel pipe supplier and manufacturer, entered into a two-year … Continue Reading

The Bar Speaks Out on the FCPA at the ABA White Collar Conference

In a recent post we analyzed the comments of Charles Duross, Deputy Chief, Fraud Section, Criminal Division, DOJ, at the ABA White Collar Crime annual conference.  Today, we will summarize the comments of Duross’ fellow panelists — Robert Tarun, Mark Mendelsohn and Raphael Monty — all three of whom are in private practice. Tarun stated: … Continue Reading

The DOJ and SEC Close 2010 with an FCPA Bang!

The DOJ and SEC Close 2010 with an FCPA Bang! The Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) closed another Foreign Corrupt Practices Act record setting year — 75 FCPA enforcement actions resolved — with a bang.  In late December, the U.S. enforcement agencies, Alcatel-Lucent S.A. and several of its subsidiaries resolved … Continue Reading