The Disappearing Exception for Facilitating Payments
Kevin J. Harnisch, Steven M. Witzel and Joshua D. Roth of Fried, Frank, Harris, Shriver & Jacobson examine the evolution of the "facilitating payments" exception to the Foreign Corrupt Practices Act, the new DOJ/SEC Guide’s treatment of that exception, and the extent to which such payments remain permissible.
Michael A. Scotto, counsel to Meyer, Suozzi, English & Klein, writes that the death knell of resorting to federal RICO analysis to interpret New York’s OCCA was resoundingly sounded by the Court of Appeals in October of last year. While some observers believe that the fallout from that decision has just begun, its core is a plain reading of the original intent of the legislature in enacting OCCA. At the end of the day, although OCCA isn’t RICO, it can be what it was intended to be – an important tool in tackling organized criminal activity in New York state.
Combatting Intercepted Co-Conspirator Statements With FRE 806
Douglas E. Grover, a partner at Thompson Hine, and James M. Roberts, an associate at the firm, write that the recent federal prosecutions of Raj Rajaratnam and Rajat K. Gupta for violating federal securities laws prohibiting insider trading introduced the business community, Wall Street and the general public to investigative techniques that previously had been the province of narcotics and organized crime prosecutions.
2012 Saw an Increase in Enforcement Against Banks
Mark S. Cohen and Jonathan S. Abernethy, partners at Cohen & Gresser, and Elizabeth F. Bernhardt, counsel at the firm, write that in three prominent enforcement actions in 2012 – against ING, Standard Chartered Bank and HSBC – prosecutors and regulators extracted massive fines for conduct ranging from intentional concealment of illicit transactions to ineffective monitoring.