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Comments To What's The Count

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In response to our prior post about how the DOJ and SEC count their FCPA actions, we've received some helpful comments that we want to share with everyone. Here's what we've heard so far:

Anonymous said...

Still doesn't really answer varying scenarios:

(1) If the DOJ indicts someone who six months later enters a plea agreement, is that two enforcement actions?

(2) What if the DOJ indicts someone one year and that person enters a plea agreement a year later? Does that count as an enforcement action each year?

(3) What if the DOJ charges a subsidiary and enters a DPA or NPA with the parent (ala Baker Hughes last year), does that count as two enforcement actions?

October 13, 2008 10:01 PM

The FCPA Blog said...

Yup, there are some unanswered questions. We'll post any further responses to clear up the mysteries.

October 13, 2008 2:15 AM

bc said...

The SEC counts enforcement actions on a fiscal year ending Sept. 30.

http://www.complianceweek.com/blog/carton/2008/10/03/like-clockwork-the-secs-september-surge-returns-again/

October 13, 2008 8:17 AM

Miguel V said...

Not sure how they count it internally, but thus far I've got about 6 different incidents from Jan 1, 2008 from the SEC's lit releases. This is not counting the IXTC case that wrapped up this year after it had dragged on seemingly forever.

October 14, 2008 3:38 PM

Miguel V said...

Should also add I'm counting 4-5 for the DOJ since Jan 1 depending how you want to count it.

October 14, 2008 4:15 PM

Marc said...

Not sure how you figure Miguel. If you include settlements, pleas and unresolved indictments, on the DOJ side you appear to have 15 enforcement actions so far this year. If you don't include indictments, you have 8.

6 Corporate Settlements
? Willbros Group (May)
? AGA Medical Corp.(May)
? AB Volvo (Mar.)
? Flowserve Corp. (Feb.)
? Faro Technologies (Jun.)
? WABTEC (Feb.)

2 Individual Pleas
? Jack Stanley (Sep.)
? Martin Self (May

7 Indictments
? Gerald Green (Superceding) (Oct.); (Initial) (Jan.)
? Patricia Green (Superceding) (Oct.); (Initial) (Jan.)
? Shu Quan Sheng (Physicist) (Sep.)
? Nam Nguyen (Nexus Tech) (Sep.)
? Kim Nguyen (Nexus Tech) (Sep.)
? An Nguyen (Nexus Tech) (Sep.)
? Joseph Lukas (Nexus Tech) (Sep.)

On the SEC side, you appear to have 13 enforcement actions.

6 Corporate Settlements?Orders
? Con-Way Inc.(August)
? Faro Technologies (Jun.)
? Willbros Group (May)
? AB Volvo (Mar.)
? Flowserve Corp. (Feb.)
? WABTEC (Feb.)

7 Individual Settlements/Orders
? Jack Stanley (Sep.)
? Jason Steph (May)
? Gerald Jansen (May)
? Lloyd Biggers (May)
? Steven J. Ott (April)
? Roger M. Young (April)
? Yaw Osei Amoako (April)

October 14, 2008 7:12 PM

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Full post as published by The FCPA Blog on October 13, 2008 (boomark / email).