When Congressional Legislation Interferes with Existing

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A patent, issued by the Patent and Trademark Office, grants property right to the inventor. Working time is no longer confined to being in an office and working days are both more intense and infinitely extendable, making monitoring working times even more complex.

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Earlier this month a major US bank told the Alaska Alcohol & Marijuana Control Office that it can no longer accept credit card payments for licensing fees.  This followed on the heels of the closing of several business accounts of marijuana related businesses (MRBs) by Alaska banks and the closing of personal accounts maintained by people with ties to marijuana start up businesses.  No explanations for the closures were given either to the State of Alaska or to the account holders.  According to Marijuana Business Daily, the bank noted that “marijuana remains illegal under federal law.”  True, although marijuana was also illegal under federal law when the bank first allowed the Alaska Alcohol & Marijuana Control Office to accept credit card payments.

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The Department of Justice (DOJ) recently initiated a one-year pilot program to encourage companies to self-report violations of the Foreign Corrupt Practices Act (FCPA).  Any company contemplating self-reporting such a violation needs to carefully consider participating in the pilot program.  As part of that analysis, a company must consider the pros and cons of voluntary self-disclosure, as well as the expectation of full corporate cooperation, including complying with USAM principles and the high-profile Yates Memorandum, the latter of which addresses individual accountability for corporate wrongdoing.
 
The Pilot Program
 
Effective April 5, 2016 and administered by the DOJ’s Fraud Section, the pilot program encourages companies to self-report FCPA violations, fully cooperate with the Fraud Section in the investigation, and later remediate FCPA-related lapses to qualify for mitigation credit.  Such self-disclosure must occur before the government’s investigation and promptly after the company becomes aware of the FCPA offense.  Of particular importance is the obligation that the company provide all relevant facts, including relevant facts about the people -- whether top executives or rank-and-file employees -- engaged in the wrongdoing.  Under the pilot program, the participating company will be required to disgorge all ill-gotten gains.
 
The Yates Memorandum
 
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Pages: 28

Publisher: Congressional Research Service (May 31, 2012)

ISBN: B00C1H81ZG

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