After a relatively quiet start to the year, with no new enforcement actions announced in the first three months of 2013, FCPA enforcement picked up
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.”
A federal jury has acquitted two defendants of all Foreign Corrupt Practices Act (FCPA) charges and deadlocked as to three other defendants.
On April 8, 2010, British lawmakers passed a comprehensive Bribery Act 2010 (the Act).
On January 21, 2010, FCPA charges were filed against the informant who led the government to the 22 individuals indicted in the FCPA sting operation made public two days earlier, confirming that the individual in question, Richard Bistrong, had been cooperating in order to seek leniency in his own prosecution.
Snamprogetti Netherlands, B.V. (Snamprogetti), a Dutch construction and engineering company, agreed to pay a $240 million criminal penalty to resolve FCPA charges for its role in a ten-year bribery scheme to secure contracts from Nigerian government officials worth over $6 billion.
Daimler AG, a German corporation, and three of its subsidiaries resolved FCPA charges that stemmed from a long-standing practice of paying bribes to foreign government officials in at least 22 countries, including China, Croatia, Egypt, Greece, Hungary, Indonesia, Iraq, Nigeria, Russia, Thailand, Turkey, Turkmenistan, Uzbekistan, and Vietnam.
Department of Justice Sentencing July 30, 2010 Juan Diaz was sentenced to 57 months in prison for conspiracy in a bribery scheme involving Florida-based telecommunications companies and Haiti's state-owned national telecommunications company.
Brown and Steph, employees at Willbros Group, Inc., pleaded guilty for their role in a bribery scheme in which more than $6 million in bribes was giving to government officials in Nigeria to assist Willbros Group in obtaining and retaining a natural gas pipeline system contract worth $387 million.
Innospec Inc., a Delaware corporation, pleaded guilty to defrauding the United Nations (UN), to violating the FCPA, and to violating the U.S. embargo against Cuba.