The Law Offices of Daniel J. Hurson, LLC
Washington Dc202-530-1230 Maryland443-458-5628

October 2016 Archives

Qualified/Selective Representation

Telia, Embraer--more big reward FCPA cases

I continue to think the FCPA is the place to go to find potentially large whistleblower awards. I have written about this before, see my articles list. The fact is that these cases are not that hard to find if you are in a company that has lots of so-called "agents" representing the company in far flung places where bribery is common. Your firm may be using such a shadowy person about whom rumors abound. Maybe other companies are using them also. You don't really have to have hard evidence that they are passing on bribes--let the SEC lawyers find that. Embraer just paid $205 million to settle FCPA charges with the DOJ and SEC. It bribed officials in multiple countries, and made more than $83 million from the bribes. This is a nice feature of FCPA settlements, the penalty and disgorgement can be based on the value of the contracts awarded, regardless of the size of the bribes. The SEC disgorgement tab, $98 million, was one of the largest ever.