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FCPA and Pursuing Foreign Officials: The Mikerin Example

Tom Fox | September 1, 2015

Many Europeans wonder why the U.S. Justice Department does not prosecute foreign officials who receive bribes in violation of the FCPA. The reason is that the FCPA is a supply-side law, which (unlike the U.K. Bribery Act), does not criminalize the receipt of bribes; only the payment of them. Some commentators claim this opens a gap in U.S. enforcement efforts towards the international fight against bribery and corruption.

The Justice Department, however, does have other law enforcement tools available.

One of those key tools was on display Monday when the Justice Department announced a criminal prosecution against a Russian national, Vidam Mikerin (who was a foreign official because he worked under an instrumentality of the Russian government), for his role in a bribery scheme involving a Russian company called Tenex. According to the FCPA Blog, “Mikerin was a director of the Pan American Department of JSC Techsnabexport...

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