What Did Officer Know, and When Did He Know It?

National Law Journal
In the article, John Davis, Ben Gao and Leila Babaeva discuss the decisions in several recent court trials on FCPA enforcement matters. These rulings have tested the enforcement positions of the U.S. Securities and Exchange Commission (SEC) on some important issues, including jurisdiction, the application of relevant statues of limitations and the agency's burden to plead specific elements of a violation. The results for the agency have so far been mixed, and according to the authors, the SEC's enforcement position in FCPA actions will continue to be tested by the courts as cases against both individuals and companies move forward.
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