Tag Archives: Sean Hecker

With Lava Jato Closing Up Shop, What Comes Next?

by Sean Hecker, Marshall Miller, and Ana Frischtak

The largest criminal investigation in Brazil’s history – and perhaps this century’s most important anti-corruption investigation worldwide – came to a close last week.  Operation “Lava Jato” (“Car Wash,” in English) was launched by the Curitiba[1] branch of the Brazilian Federal Police in 2014, (later known as the Curitiba Task Force).[2]  The Operation, which drew its name from a car wash in Brasília where one of the targeted criminal organizations laundered illicit funds, uncovered a widespread, complex, and unprecedented web of corruption implicating Brazil’s giant state-owned oil company, Petrobrás, public officials, and Brazil’s largest construction companies in a sweeping contracts-for-kickbacks scheme. Operation Lava Jato ultimately expanded to expose bribery and graft in numerous other industries, involving dozens of politicians and government officials, and an almost countless number of companies, both Brazilian and multinational.

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The 2020 FCPA Resource Guide Update: A Window into Today’s Enforcement of the FCPA

by Marshall L. Miller, Sean Hecker, Jenna M. Dabbs, and Ana Frischtak

The Foreign Corrupt Practices Act (PDF: 93 KB) is unique among U.S. criminal statutes in many ways—not least of which is the degree to which its primary enforcers, the Department of Justice and the Securities and Exchange Commission, provide legal and policy guidance as to its scope and application, primarily through the Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Guide (PDF: 3.83 MB)”). On Friday, July 3, DOJ and the SEC issued a Second Edition of this key compendium, providing insight into the government’s continually developing approach to enforcing this far-reaching statute.

The eight years since the Guide’s initial publication in 2012 have witnessed critical developments in FCPA case law, enforcement policy, and DOJ and SEC practice, with the new edition of the Guide reflecting those developments. And while the Second Edition does not contain unexpected new pronouncements, it provides practitioners with a window into DOJ and SEC thinking, including their approaches to thorny enforcement challenges and recurring fact patterns.

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