Marc Bohn Comments on Classifying FCPA Actions in Main Justice

"Classifying Actions as 'FCPA' When No Foreign Bribery Alleged:  SEC and Some Lawyers Diverge"
Main Justice
03.19.13

In this article, Marc Bohn comments on the recent settlement by a Chinese petrochemical company with the SEC. While the SEC does not see this settlement as an FCPA action, others do. The complaint alleges violations of the FCPA's books and records provision, which can be used by the SEC even if there are no allegations of bribery-related conduct. The use of this provision has caused some to classify the matter as an FCPA action.

"It’s a little bit of an inexact science," said Bohn, who acknowledged that others might classify the case differently. "We have decided to count it because it involved a million dollar slush fund, payments -- cash and not cash -- to government officials in China."

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