Loss of meaningful review and approval process results in deluge of DCAA fraud referrals to DOD IG *

USA - September 4 2012
In March 2009, DCAA revised its procedures by eliminating midlevel approval previously required prior to submission of a fraud referrals

Co-authors: Cynthia J. Robertson, J. Alex Ward.

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FCPA mid-year update reviews enforcement activity and key developments *

USA - August 29 2012
The first half of this year saw the conclusion of several long-running FCPA prosecutions.

Co-authors: Thomas C. Newkirk, Iris E. Bennett, Michael K. Lowman, Jessie K. Liu, Michael W. Khoo.

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Ninth Circuit rules that contractors with no formal fiduciary relationship with the government may be liable for honest services fraud *

USA - May 7 2012
On April 24, 2012, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held in United States v. Milovanovic, No. 08-30381, — F. 3d —, 2012 WL 1398647 (9th Cir. Apr. 24, 2012) (en banc), that independent contractors who take bribes or kickbacks, but who have no formal fiduciary relationship with the government, nonetheless can be prosecuted for honest services fraud based on a breach of “a comparable duty of loyalty, trust, and confidence.”

Co-authors: Iris E. Bennett, Jessie K. Liu.

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Foreign Corrupt Practices Act (FCPA) business guide *

USA - March 15 2012
The year 2011 was marked by several important trends with respect to FCPA enforcement, but the most notable one is that it was the year in which more FCPA cases were litigated at trial than in any year previous.

Co-authors: Cynthia J. Robertson, Thomas C. Newkirk, Iris E. Bennett, Michael K. Lowman, Jessie K. Liu.

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Two defendants acquitted on all counts in second “FCPA sting trial”; three others granted mistrial *

USA - February 1 2012
A federal jury has acquitted two defendants of all Foreign Corrupt Practices Act (FCPA) charges and deadlocked as to three other defendants.

Co-authors: Iris E. Bennett, Jessie K. Liu, Michael W. Khoo.

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