Legal Question in Criminal Law in New York

Bribes to Foreign Officials - FCPA and Whistle Blower laws

I would like to report violations of Foreign Corrupt Practices Act(FCPA) regarding a foreign based NYSE-listed corporation. I have certain information regarding their business practices in former Soviet Republics. This company, its affiliates and/or its subsidiaries were involved in business practices that Foreign Corrupt Practices Act considers as illegal. The company paid, and in some cases intended to pay bribes totaling up to $25 million to foreign government public officials including presidents, ministers and their relatives. I have some documents including agreements, memorandum of understandings, shareholder agreements, payment schedules, invoices, money order documents and emails. Some of the documents are original, some are photocopies. I witnessed some of these practices.

My initial questions:

1.Do whistle-blower laws apply to FCPA cases? If so, will there be a reward for me?

2.As far as I know, there are no statue of limitations in FCPA cases, is this true?

3.Are there any FCPA qui tam cases?

4.How can I make Department of Justice and Securities Exchange Commission to open a probe? What should be the approach?

5.How can I protect myself?

6.Do I need a lawyer? How can I find a lawyer?

Asked on 12/29/04, 5:36 pm

3 Answers from Attorneys

Scott Ziegler Ziegler, Ziegler & Associates LLP

Re: Bribes to Foreign Officials - FCPA and Whistle Blower laws

In response to your question, whistleblower protection does apply to actions under FCPA. If the violations under the FCPA involve a fraud upon the US Government (i.e. unreported profits that are subject to tax are being used to bribe public officials) you may have an action under the False Claims Act (FCA) which could lead to reward to you. We can guide you through the

process of an FCPA action and a potential FCA action. Please call Chris Brennan of our office to discuss. 212-319-7600.

Best regards,

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Answered on 12/30/04, 11:47 am
Valerie Masters Valerie Masters, P.A.

Re: Bribes to Foreign Officials - FCPA and Whistle Blower laws

Yes you need a very good lawyer. This is a little beyond my area of expertise. This is very serious stuff. You need an expert in securities law. My former firm has an outstanding securities department. Call my friend Michael Kennedy at Boose, Casey, Ciklin et al. He can guide you to the securities department. Tell him I referred you. His number is 561-832-5900. He is in Florida, but since its federal law, it does not matter.Valerie Masters

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Answered on 12/29/04, 5:53 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Bribes to Foreign Officials - FCPA and Whistle Blower laws

This is not a 'securities regulations' problem.

1) you do not need a lawyer, but should have one.

2) this is reported to the FBI first.

3) whistle-blower laws do apply.

Be careful - this is an obscure area of federal criminal law. You need a specialist in that area. Contact the local Bar Association for a referral.

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Answered on 12/29/04, 10:06 pm

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