Throughout the week over at Securities Docket, I highlight the most interesting columns and blog posts from around the web on the subjects of SEC enforcement and securities litigation. Here is a digest of my picks for the week ending October 8:

Plea in Major FCPA Case Raises Entrapment Issues

Crimes in the Suites | Ifrah Law Firm | Oct 8, 2010

Government informant Richard Bistrong’s recent guilty plea to Foreign Corrupt Practices Act charges will probably fuel arguments that defendants in the largest-ever FCPA case were entrapped. While those arguments may not succeed, they do have merit.... Bistrong was highly motivated to help the government build the Africa Sting case; his freedom literally depended on it. Under a plea agreement signed several months before he introduced the Africa Sting defendants to the undercover “foreign official,” Bistrong faced five years’ imprisonment. DOJ agreed to consider recommending less prison time if Bistrong provided “substantial assistance” in the investigation or prosecution of other criminal matters. The key was that Bistrong’s “assistance” had to be of such quality and significance to warrant recommending a departure from the Sentencing Guidelines.

The SEC: All Together Now? - - CFO.com

CFO.com | Roy Harris | Oct 6, 2010

The five-member Securities and Exchange Commission consists of three Democratic and two Republican appointees, and it operates in a highly politicized environment. During fractious times like these, with bipartisanship a rare commodity on Capitol Hill, pressures mount on the agency's ability to perform its goals: "to protect investors; maintain fair, orderly and efficient markets, and facilitate capital formation." So it may come as a surprise to learn what percentage of the commission's votes is unanimous. It's not 25%, or even 50%, as an extreme optimist might hope for — but 93%.

Lawyers on Both Sides of the Pond Gear Up for New U.K. Bribery Law

American Lawyer | Chris Johnson | Oct 6, 2010

The new act is also likely to result in an increase in law firms hiring former prosecutors, a practice popular in the U.S. but a rarity in the U.K. ... After being rushed through Parliament before last spring's elections, the new act was due to come into force this month. However, the government has delayed implementation by six months to allow companies to prepare. The Ministry of Justice is currently halfway through a two-month consultation, where parties have until Nov. 8 to provide feedback before the act finally becomes law in April 2011. When it does, the greater experience, better contacts and wealth of prosecutorial talent of the U.S. firms mean that they will have the initial advantage over their U.K. counterparts. The SFO, criticized as ineffectual and politically influenced for many years, has successfully upped its game. It’s time for the country's law firms to follow suit.

UK Bribery Act—Extraterritoriality Squared

Pillsbury Winthrop | Raymond L. Sweigart | Oct 6, 2010

The Bribery Act may therefore apply to foreign companies with very limited presence or operations in the UK—even if the predicate bribery offence takes place in a third country, involves non-UK nationals and is unrelated to UK operations. If, for example, a US parent company has a UK branch and its sales agent in Asia engages in bribery in Asia as defined in the Bribery Act, that US company may well have exposure under the Bribery Act. It could potentially be prosecuted in the UK for failing to prevent bribery, even if those acts do not violate the US Foreign Corrupt Practices Act (e.g., a facilitation payment) and were done solely on behalf of the US parent and not for the benefit of the UK branch or its business.

SEC commissioner has unfinished business

Dow Jones Newswires | Al Lewis | Oct 4, 2010

Amid a rising consensus that investors hadn't been protected, Aguilar became the SEC commissioner offering up the most stinging internal criticism of the agency's lax enforcement. He pushed for more staffing, more resources and better technology and processes for what many critics had declared a gutted federal agency. "The SEC's enforcement division had developed policies that were designed to handcuff and chill the ability of the enforcement staff to be as robust as they could in bringing the right kind of cases and getting the right sanctions, and not wrist slaps," Aguilar said. A writer for a publication called "Compliance Week," dubbed Aguilar "The Enforcement Commissioner," as if some of the other commissioners were not.