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Spring 2019
LAW589  A  INTERNATIONAL ANTI-CORRUPTION LAW AND PRACTICE

Course Description
This course will focus on the United States’ enforcement of anti-corruption laws, including the
Foreign Corrupt Practices Act (“FCPA”), to combat foreign corruption and bribery committed
by domestic and foreign companies and individuals. Because many FCPA and other corruption
cases are resolved without trial, this course will focus on critical, unresolved issues, such as the
FCPA’s definitions of a foreign “instrumentality” and “foreign official,” as well as the scope of
U.S. extra-territorial jurisdiction. We will focus on recent high-profile FCPA cases and the
precedent set by the few appellate decisions relating the FCPA.

This course will also discuss foreign and international laws and conventions against corruption,
including the OECD Convention on Combatting Bribery of Foreign Officials in International
Business Transactions and the UK’s Anti-Bribery Act. We will explore the critical issues that
arise from the growing trend in trans-national investigations and prosecutions, including
extradition issues that arise in FCPA prosecutions, and Interpol implications.


Course Schedule
Dates Day Time Room
01-14-2019 - 04-23-2019   M  5:30 PM-7:20 PM F108

Course Frequency

Course Information

Credits: 2
Pass/Fail Option: No
Prerequisite: No prerequisities.
Method of Evaluation: Course grades will be based on a final exam. Class attendance and participation may be used in determining the final grade.
Graduation Requirements Fulfilled By Course: None
Special Attributes: None
Course Delivery:

Special Restrictions:
Law Track(s): None
Bar Subject(s): None
Concentration(s): None
Course Book(s):
Textbook Required:
Yes  
  • Textbook Name: The Foreign Corrupt Practices Act in a New Era
    Textbook Type: Hardcover
    Requirement: Required
    Author: Koehler
    Publisher: Edward Elgar Publishing Inc.
    Edition: June 2014
    ISBN: 9781781954409
      
  
First Class Assignment(s):
  • Assignment: Week 1 Introduction to Anti-Corruption Law and the FCPA Readings: The FCPA of 1997, 15 U.S.C 78dd-1 (DOJ Resoruce Guide, pages 92-102); Textbook (pages x-xxiii)

    Material:
    Required Materials:
    Koehler, Mike, The Foreign Corrupt Practices Act in a New Era, Edward Elger Publishing Limited
    (2017 edition), plus copies of guides, statutes, articles and cases listed in the Syllabus or will provide later.

    Additional Information:
    Materials attached: Textbook - The Foreign Corrupt Practices Act in a Era, Purchase on line with amazon, bn.com or https://www.e-elgar.com/shop/the-foreign-corrupt-practices-act-in-a-new-era 1. Course Syllabus (with cases in text added) 2. Copy of the textbook readings assignments for week 1 and 2, if you do not have your textbook. 3. The Bribe Factory Article for week 2 4. FCPA Resource Guide (required book readings for the semester) If you have questions, please contact me at cmay@law.miami.edu Course Schedule: Dates - 1/14/2019 - 4/23/2019 Room - F108 Day - Mondays Time - 5:30 - 7:20 PM
      

    UM Class - Book - Week 1.pdf
    UM Class - Book - Week 2.pdf
    The Bribe Factory - 3 parts.pdf
    Class Syllabus.pdf

 
Professor(s)