Looking for further proof that settlement amounts in an actual Foreign Corrupt Practices Act enforcement action are often only a relatively minor component of the overall financial consequences that can result from FCPA scrutiny or enforcement in this new era? (See here for the article Foreign Corrupt Practices Act Ripples).
Check out this recent opinion from the U.S. Court of Federal Claims involving a successful post-award bid protest based on Louis Berger Aircraft Services Inc.’s failure to inform the Navy of its parent company’s involvement in corruption and fraud (see here for the prior post highlighting the July 2015 FCPA enforcement action against Louis Berger Int’l Inc.).
FCPA practitioners with clients involved in federal government contracting and subject to FCPA scrutiny would be wise to read the decision.
Not only is the opinion instructive on the FCPA’s many ripples, it also contains some candid admissions by U.S. government attorneys that FCPA enforcement actions are carefully crafted in the hopes of avoiding negative collateral consequences as well as evidence that the”right hand” of the government does not always know what the “left hand” of the government is doing,