US & Intl Anti-Bribery Law & Compliance Practice (LAW-866-001)
Nancy Boswell
Notices
All summer 2021 classes will be taught online. Classes may have a combination of live sessions and asynchronous materials/assignments. The block of time listed here will be the maximum amount of live session meeting time expected of you and may decrease.
Description
This course focuses on the US and transnational anti-bribery legal framework, including provisions and enforcement of the U.S. Foreign Corrupt Practices Act and of transnational anti-bribery laws of other countries as well as private sector compliance and integrity best practice and implementation. Guest speakers with experience in the U.S. Department of Justice, the OECD and law firm counsel to corporations bring first-hand expertise to the discussions.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Course materials are varied, drawing on legal documents, cases, policy papers and other widely consulted reference materials.
Required reading for each class is specified below and is available online. While there may be numerous documents listed, please note that, frequently, only an identified excerpt is to be read.
Where links are problematic, please search using the document title. Please contact the professor should you encounter difficulty accessing documents.
Reading assignments may be modified, so please refer to the website frequently for updates.
First Class Readings
Required Reading:
- FCPA Resource Guide to the Foreign Corrupt Practices Act, 2d edition, 2020, Department of Justice, https://www.justice.gov/criminal-fraud/file/1292051/download, pp. 9-45, 48-49, 50-55, 68-72, 74-79 and 92-102
- Policy Concerning Criminal Investigations and Prosecutions of the FCPA, Justice Manual, Title 9: Criminal, https://www.justice.gov/jm/jm-9-47000-foreign-corrupt-practices-act-1977, Sections 9.47.100, 110 and 120.
- Superseding Indictment, United States v. Harder, https://www.justice.gov/criminal-fraud/file/843621/download,, Pg.14, para 42 – p. 20, para 54.
- Appellate Decision, United States v. Esquenazi, No. 11-15331, (11th Circuit) http://media.ca11.uscourts.gov/opinions/pub/files/201115331.pdf, pp. 9-24, Part II.
- United States v. Ng Lap Seng, (2nd Circuit) https://law.justia.com/cases/federal/appellate-courts/ca2/18-1725/18-1725-2019-08-09.html, pp. 31-43 and 66-68.
- United States v. Siemens Aktiengesellschaft, Department of Justice Statement of Offense, P. 7 (para 32-34), and pp. 21-25, 35-37, http://www.justice.gov/opa/documents/siemens-ag-stmt-offense.pdf
- SEC v. Braskem S.A., Complaint, https://www.sec.gov/litigation/complaints/2016/comp-pr2016-271.pdf,, pp. 1-7.
- Principles of Federal Prosecution of Business Organizations, Justice Manual, Title 9: Criminal, https://www.justice.gov/usam/usam-9-28000-principles-federal-prosecution-business-organizations, Sections 9.28.010 - 9.28.300 9.28.1000 – to end.
- Federal Sentencing Guidelines, 2018, Chapter 8, Introductory Commentary and Part A, http://www.ussc.gov/guidelines/2018-guidelines-manual/2018-chapter-8
- Report of the Securities and Exchange Commission on Questionable and Illegal Corporate Payments and Practices, http://www.sec.gov/spotlight/fcpa/sec-report-questionable-illegal-corporate-payments-practices-1976.pdf, start to 32, 34-56.
- Appellate Decision, United States v Lawrence Hoskins, (2nd Circuit) https://law.justia.com/cases/federal/appellate-courts/ca2/16-1010/16-1010-2018-08-24.html
- US v. Odebrecht S.A., Plea Agreement, https://www.justice.gov/opa/press-release/file/919916/download, Attachment B, pp. B-7 – B-15.
Supplemental Reading:
Syllabus
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