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2019 FCPA Enforcement Is Already The Third Largest In FCPA History In Terms Of Settlement Amounts

Statistical Analysis

Historically, the third and fourth quarters are active in terms of Foreign Corrupt Practices Act enforcement and it is a near certainty that there will be more FCPA enforcement this year.

Nevertheless, with 4.5 months left in the year, as highlighted below 2019 is already the third largest in FCPA history in terms of settlement amounts.

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SEC Commissioner Hester Peirce On “Reasonableness Pants” And “Secret Law”

Peirce

This site is a big fan of SEC Commissioner Hester Peirce and this post highlights two recent speeches she delivered. Neither of the speeches are FCPA specific, but both are indeed FCPA relevant.

In this speech, titled “Reasonableness Pants,” Peirce stated: “A strong enforcement program requires us—to draw from the admonition a judge recently gave to us in a matter before her—to “put on [our] reasonableness pants.” The SEC ought always to wear reasonableness pants, and I would like to talk today about what those reasonableness pants look like on a regulator.”

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Bill Seeks To Capture The Demand Side Of Foreign Bribery Through Amendment To 18 USC 201

Capital Hill

The Foreign Corrupt Practices Act only captures one participant in a bribery scheme (the so-called supply side) in what is nearly always a two participant scheme. For more on this dynamic, see this recent FCPA Flash podcast episode with Tom Firestone (Baker & McKenzie) for how the demand side of bribery can be best addressed from a legal and policy perspective.

This bill titled “Foreign Extortion Prevention Act” recently introduced in the House by Representatives Sheila Jackson Lee (D- TX), John Curtis (R-UT), Tom Malinowski (D- NJ), and Richard Hudson (R-NC) seeks to “prohibit a foreign official from demanding a bribe.”

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

This guest post summarizes recent guidelines issued by French authorities regarding settlement agreements in corporate prosecutions.

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Friday Roundup

Roundup

Quotable, sentenced, scrutiny updates, dismissed and for the reading stack. It’s all here in the Friday roundup.

Quotable

In a recent Corporate Crime Reporter interview, former DOJ FCPA prosecutor Ephraim Wernick was asked if FCPA enforcement has changed under the Trump administration and stated:

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