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Articles by Jesse Van Genugten
New Bipartisan Senate Infrastructure Bill Emphasizes Reauthorization, Research, Resilience And Reliability
On August 10, a group of 19 Republican Senators joined their Democratic colleagues in approving a bill that, if passed by the House of Representatives and signed by President Biden, would provide for more than $1 trillion in improvements to the nation's physical infrastructure.1 The 69–30 vote expressed strong, bipartisan support for two key imperatives that permeate the more than 2700-page bill: first, to improve the nation's existing infrastructure, a significant portion of which is in a...
Civil Litigation In The Aftermath Of FCPA And U.K. Bribery Act Investigations
To print this article, all you need is to be registered or login on Mondaq.com. Increasingly over the past decade, securing a settlement agreement with government authorities does not signal the end of what may have been a drawn-out (and expensive) anti-bribery investigation. Instead, the threat of subsequent civil litigation by private third parties will often extend the uncertainty and financial risk related to anti-bribery violations.
Civil Litigation in the Aftermath of FCPA and U.K. Bribery Act Investigations
Increasingly over the past decade, securing a settlement agreement with government authorities does not signal the end of what may have been a drawn-out and expensive anti-bribery investigation. Where FCPA and U.K. Bribery Act investigations have uncovered corrupt activity, stakeholders have sought to obtain relief for perceived and, in some cases, real harms suffered from a company’s misconduct using various legal avenues.
Four ways the DOJ sidesteps the FCPA statute of limitations
In February, the Department of Justice unsealed an indictment against two former executives of the Indonesian subsidiary of Alstom S.A., Reza Moenaf and Eko Sulianto, and a former executive of Marubeni Corporation, Junji Kusunoki. Both companies pleaded guilty to foreign bribery charges in 2014 and racked up substantial penalties partly as a result of their illicit payments to Indonesian officials to secure a project contract with the country’s state-owned electricity company.
Why does Scandinavia have so many money laundering scandals?
A trove of money laundering scandals erupted in Northern Europe this year, tying major financial institutions from all three Scandinavian countries to alleged bribery schemes, attempts to evade U.S. sanctions, and serious regulatory failures.
FCPA defendants need an ‘adequate procedures’ defense, too - The FCPA Blog - The FCPA Blog
The Department of Justice recently updated andpublishedits guidelines for evaluating corporate compliance programs in the FCPA context. The Guidelines are remarkably thorough, but the text is aimed principally at assisting prosecutors with charging decisions, setting sanction amounts, and crafting subsequent compliance obligations -- rather than at the corporate entities that are expected to phase in those compliance programs.
Jesse Van Genugten: Whistleblowing in the Netherlands may drive you crazy - The FCPA Blog - The FCPA Blog
The Netherlands, a country well respected in many regards for its commitment to organized labor and workers' rights, fails even to marginally protect a different class of vulnerable employee: the whistleblower. In one of his seminal studies, Professor Peter van der Velden found whistleblowers in the Netherlands exhibited significantly higher incidents of mental health problems, including depression and anxiety, than their fellow countrymen.
Jesse Van Genugten: Foreign companies should beware of lopsided FCPA enforcement - The FCPA Blog - The FCPA Blog
In a novel, even if rather obscure manner, the Trump Administration has found a new way to put America first. Both Deputy Attorney General Rod Rosenstein and the new head of the SEC’s anti-bribery division, Charles Cain, have expressed an interest in “leveling the playing field” for U.S. companies, and their agencies’ actions prove the validity of those statements.
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