The U.S. Department of Justice recently announced the formation of the Market, Government, and Consumer Fraud Unit (MGCF Unit). The MGCF will reportedly sit within the DOJ’s Fraud Section. Although the details of the MGCF Unit’s precise remit are still forthcoming, we expect the MGCF Unit will be empowered to pursue criminal investigations and prosecutions of tariff evasion techniques such as misclassifying or undervaluing goods, as well as transshipping goods to a different country and…
Whether and when non-U.S. companies are subject to the U.S. Foreign Corrupt Practices Act (“FCPA”) is a question that has vexed executives and their lawyers since the statute was enacted some four decades ago. Recently, the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) released a 120-page Resource Guide (the “Guide”), which provides a number of clarifications on the FCPA’s application to non-U.S. companies. In practice, U.S. authorities can more often than…