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DOJ Individual Actions: The Strange Public – Private Divide

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This recent post highlighted certain facts and figures regarding the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2017 and historically.

As highlighted in the prior post, DOJ FCPA individual enforcement actions are significantly skewed by a small handful of enforcement actions and the reality is, despite the DOJ’s rhetoric, 77% of DOJ corporate enforcement actions since 2006 have not (at least yet) resulted in any related DOJ FCPA charges against company employees.

Another very interesting and significant picture emerges when analyzing actual DOJ individual FCPA prosecutions based on whether the individual charged was employed by or otherwise associated with an issuer or a private business organization.

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Registration Opens For The FCPA Institute – Nashville (May 3-4)

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Last week professionals from all over the world and from leading firms and companies came to Phoenix to elevate their Foreign Corrupt Practices Act knowledge and practical skills at the FCPA Institute – Phoenix hosted by Bryan Cave.

The next stop for the FCPA Institute is Nashville on May 3-4, 2018 in an event hosted by Bass, Berry & Sims.

Since 2014, the FCPA Institute has elevated the FCPA knowledge and practical skills of approximately 200 diverse professionals through active learning and this link introduces you to the FCPA Institute; how the FCPA Institute is different than other FCPA conferences; the substantive knowledge and practical skills participants will gain by attending the FCPA Institute; and what prior FCPA Institute “graduates” have said about their experience.

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A Focus On DOJ Individual Actions

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This recent post focused on SEC individual FCPA actions in 2017 and historically and this post highlights certain facts and figures concerning the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act violations in 2017 and historically.

As highlighted numerous times on FCPA Professor over the past several years, the DOJ frequently talks about the importance of individual criminal prosecutions. In 2017, DOJ officials stated: “The DOJ is committed to holding  individuals accountable for criminal activity.” “Effective deterrence of corporate corruption requires prosecution of culpable individuals.  We should not just announce large corporate fines and celebrate penalizing shareholders.”

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DOJ FCPA Enforcement – 2017 Year In Review

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This previous post highlighted various corporate enforcement statistics from 2017 and this post goes in-depth into various facts and figures relevant to DOJ FCPA enforcement in 2017. (See here for a similar post from 2016, here for a similar post from 2015, here for a similar post from 2014, here for a similar post from 2013, here for a similar post from 2012, here for a similar post from 2011, and here from 2010).

Settlement Amounts and Specifics

In 2017, the DOJ brought 9 corporate FCPA enforcement actions.

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National Security And The FCPA

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National security, so the narrative goes, is a reason why the U.S. enforces the Foreign Corrupt Practices Act. However, as a matter of law, and seemingly as a matter of practice, national security is a reason not to enforce the FCPA.

After detailing some relevant background information, this post highlights additional information recently revealed about a historical FCPA enforcement action which demonstrates that national security has always been a reason not to enforce (or not enforce to the fullest extent) the FCPA.

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