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The US Fish and Wildlife Service, Pacific Region, recently issued a draft environmental assessment in response to West Butte Wind Power LLC's application for a programmatic golden eagle take permit. The service had not previously acted upon such an application under the Bald Eagle and Golden Eagle Protection Act, where it acknowledged that the wind project would result in the death of protected eagles.
Transparency International has released its 2012 Corruption Perceptions Index, which provides an annual snapshot of the perceived corruption level of almost every country in the world. While corruption can occur in any country, global companies should be aware of where their international areas of operation fall on the index and take steps to minimise the risks inherent in operating in countries that are perceived as more corrupt.
Including: Litigation and settlements; Due diligence and compliance.
The federal government's health fraud enforcement and prevention efforts recovered a record $4.2 billion in fiscal year 2012, according to a press release from the Departments of Justice and Health and Human Services. The agencies credited the improvement to the Healthcare Fraud Prevention and Enforcement Action Team.
The US Department of Justice and the US Securities and Exchange Commission have released their long-awaited Foreign Corrupt Practices Act guidance. While the guidance fails to provide interpretive clarification to address numerous unanswered questions regarding the act's practical application, it does offer some insight into the government's analysis of the law that may prove valuable to multinationals, individuals and practitioners alike.
Olympus Corp recently shared information with the Department of Justice about possible Foreign Corrupt Practices Act violations involving a doctor training programme in Brazil. The act bars companies from offering bribes or other payments to government officials in other countries to secure business. It also requires companies with securities to maintain accurate business records.
The Supreme Court recently provided corporations and their officers and directors with an important new tool in responding to criminal charges by holding that juries, not judges, must find beyond a reasonable doubt all facts that affect the imposition of a fine. Its decision has significant ramifications not only for the conduct of the trial itself, but also for pre-trial negotiations, such as plea negotiations.
A district court judge has vacated the conviction of and dismissed the indictment against Lindsey Manufacturing Company and two individual co-defendants, Keith E Lindsey and Steve K Lee, because of prosecutorial misconduct. It was the first case since the enactment of the US Foreign Corrupt Practices Act in which a corporate defendant was tried and convicted for violations of the act.
A recent Ninth Circuit Court of Appeals decision reiterated that corporations may be held liable under the Alien Tort Statute for violations of international norms. The court also recognised that alien plaintiffs may be required to exhaust local remedies before seeking redress under the statute.