Top Ten International Anti-Corruption Developments for May 2017. Our topics include:
- FCPA Assistant Chief BJ Stieglitz has been selected for detail to UK Financial Enforcement Authorities. We discuss how a prosecutor works overseas, what this might mean for prosecutions going forward in the US and UK, and the relationship of the DOJ with its British counterparts.
- The DOJ has moved to terminate its DPA over Hewlett-Packard. We discuss what it means to have a DPA terminated and the DOJ’s role in this phase. We also consider the decision-making process if a DPA has to be extended due to continued or new conduct by a company under such an agreement.
- Finally, we consider some of the difficulties of the DOJ’s Challenges in Obtaining Foreign Evidence through a recent ruling in the Civil Forfeiture Case. On May 9, 2017, In the case of United States v. Prevezon Holdings Ltd., Southern District of New York Judge William H. Pauley III ruled that certain evidence obtained by prosecutors from foreign sources was admissible in a civil asset forfeiture case, notwithstanding that the documents lacked the requisite certifications under the Federal Rules of Evidence. We consider the process for getting information from overseas; why it takes so long, and what happens if it does not meet US evidentiary or even admissibility standards?
Click here to see a full copy of the firm’s Top Ten International Anti-Corruption Developments publication for May 2017. James Koukios returns to discuss MoFo’s Top Ten International Anti-Corruption Developments for May 2017.
