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35 under 18 U.S.C. § 371. For conspiracy offenses, the government generally need prove only that one act in furtherance of the conspiracy occurred during the limitations period, thus enabling the government to prosecute bribes paid or accounting violations occurring more than five years prior to the filing of formal charges. 208 There are at least two ways in which the applicable limitations period is commonly extended. First, companies or individuals cooperating with DOJ may enter into a tolling agreement that voluntarily extends the limitations period. Second, under 18 U.S.C. § 3292, the government may seek a court order suspending the statute of limitations posed in a criminal case for up to three years in order to obtain evidence from foreign countries. Generally, the suspension period begins when the official request is made by the U.S. government to the foreign authority and ends on the date on which the foreign authority takes final action on the request. 209 Statute of Limitations in Civil Actions In civil cases brought by SEC, the statute of limitations is set by 28 U.S.C. § 2462, which provides for a fiveyear limitation on any “suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture.” The five-year period begins to run “when the claim first accrued.” The five-year limitations period applies to SEC actions seeking civil penalties, but it does not prevent SEC from seeking equitable remedies, such as an injunction or the disgorgement of ill-gotten gains, for conduct pre-dating the five-year period. In cases against individuals who are not residents of the United States, the statute is tolled for any period when the defendants are not “found within the United States in order that proper service may be made thereon.” 210 Furthermore, companies or individuals cooperating with SEC may enter into tolling agreements that voluntarily extend the limitations period.
chapter 2 The FCPA: Anti-Bribery Provisions 36
Page 1 and 2: chapter 1 Introduction FCPA A Resou
Page 3 and 4: A RESOURCE GUIDE TO THE U.S. FOREIG
Page 6 and 7: CONTENTS Chapter 1: INTRODUCTION .
Page 8 and 9: Confidential Reporting and Internal
Page 11 and 12: INTRODUCTION Congress enacted the U
Page 13 and 14: DOJ Contact Information Deputy Chie
Page 15 and 16: important ways. Both agencies encou
Page 17: Phase 3 review of the United States
Page 20 and 21: 11 How Can I Tell If My Company Is
Page 22 and 23: 13 Examples of Actions Taken to Obt
Page 24 and 25: 15 expensive gifts. Like the domest
Page 26 and 27: 17 For example, a pharmaceutical co
Page 28 and 29: 19 also were not in compliance with
Page 30 and 31: 21 Mexican national oil company. 12
Page 32 and 33: 23 • the third party became part
Page 34 and 35: 25 What Are Facilitating or Expedit
Page 36 and 37: 27 Does the FCPA Apply to Cases of
Page 38 and 39: 29 Practical Tips to Reduce FCPA Ri
Page 40 and 41: 31 Hypothetical: Successor Liabilit
Page 42 and 43: 33 have stopped and quickly integra
Page 47 and 48: THE FCPA: ACCOUNTING PROVISIONS In
Page 49 and 50: Internal Controls Provision The pay
Page 51 and 52: What Are Management’s Other Oblig
Page 53 and 54: the Exchange Act (15 U.S.C. § 78m(
Page 55: chapter 3 The FCPA: Accounting Prov
Page 58 and 59: 49 violations, 280 three former Hai
Page 61 and 62: GUIDING PRINCIPLES OF ENFORCEMENT W
Page 63 and 64: consider whether the case involves
Page 65 and 66: • the appropriateness of a cooper
Page 67 and 68: has taken steps to make certain tha
Page 69 and 70: forms such as personnel evaluations
Page 71 and 72: industry. In addition, compliance p
Page 73 and 74: chapter 5 Guiding Principles of Enf
Page 75: chapter 5 Guiding Principles of Enf
Page 78 and 79: 69 to determine whether the Guideli
Page 80 and 81: 71 Reconstruction and Development,
Page 83 and 84: RESOLUTIONS What Are the Different
Page 85 and 86: What Are the Different Types of Res
Page 87 and 88: • The company discovered that its
Page 89: chapter 7 Resolutions 80
Page 92 and 93: 83 On August 12, 2011, the final ru
Page 95 and 96:
DOJ OPINION PROCEDURE DOJ’s opini
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chapter 9 DOJ Opinion Procedure 88
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THE FOREIGN CORRUPT PRACTICES ACT:
Page 103 and 104:
present enforcement policy with res
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ordered, or to give testimony touch
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(2) As used in this subsection, a
Page 109 and 110:
(B) The term “routine governmenta
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[Section 30A of the Exchange Act]of
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105 that firms that pay more bribes
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107 55 See International Anti-Bribe
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109 enjoining it from future violat
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111 opinion/2004/0401.pdf; U.S. Dep
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113 Fla. Dec. 14, 2010), ECF No. 3,
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115 order to make clear that, consi
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117 to them. . . . Corporate office
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119 circumstances were present: (1)
Page 130:
FCPA Unit Fraud Section, Criminal D
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