Some FCPA commentators are either lacking in historical perspective or just spinning narratives to fit their beliefs.
Either one is troubling and from time-to-time someone in the FCPA space has to call a time-out.
This recent post from Matt Kelly who runs a site called Radical Compliance takes issue with the two DOJ corporate FCPA enforcement announced thus far in the Trump administration. Nothing wrong with this as FCPA Professor covered the Linde Gas and CDM Smith “declination with disgorgement” enforcement actions as well (see here, here, here and here for prior posts). And to be sure, I’ve criticized these form of FCPA resolution vehicles invented by the Obama DOJ (see here) as well as non-prosecution agreements used by the Obama DOJ to resolve alleged instances of corporate FCPA liability. In fact, I’ve long argued that NPAs (and DPAs) should be abolished in the FCPA context.