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New Article – “The FCPA’s Record-Breaking Year”

record breaker

Each year, in addition to numerous posts published on FCPA Professor, I author a more comprehensive Foreign Corrupt Practices Act year in review / recent developments article that is published by a law review or journal.

This publication process typically moves at a snail’s pace, but just because the calendar says May doesn’t mean it’s too late to learn about the top FCPA events and issues from the prior year.

2016 was a record-breaking year for FCPA enforcement. A new article “The FCPA’s Record-Breaking Year” (forthcoming in the Connecticut Law Review – click here to download) provides a detailed analysis of the most notable FCPA enforcement and policy developments from 2016 and will be value to anyone seeking to elevate their FCPA knowledge.

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Additional Points To Consider Regarding The Article “The Market For Global Anticorruption Enforcement”

additional points

Recently Professor Samuel Buell and Professor Rachel Brewster (both from Duke University School of Law) authored a paper titled “The Market for Global Anticorruption Enforcement” which addresses the general increase in FCPA enforcement over the past approximate decade.

This post sets forth additional information to consider regarding the issues discussed in the article.

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JPMorgan – A Trifecta Of Off-The-Rails FCPA Enforcement

Offtherails

Bloomberg Law’s White Collar Crime Report recently published my article “JPMorgan – A Trifecta of Off-The-Rails FCPA Enforcement.” The article can be downloaded here and below is the abstract.

The Foreign Corrupt Practices Act has specific elements that must be met in order for there to be a violation. However, with increasing frequency it appears that the Department of Justice and Securities and Exchange Commission have transformed FCPA enforcement into a free-for-all corporate ethics statute in which any conduct the enforcement agencies find objectionable is fair game to extract a multi-million dollar settlement from a risk-averse corporation.

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A Dog Days Of Summer FCPA Reading List

dog days

The dog days of summer.

The heat and humidity may limit certain of your activities, but provide an opportune time to elevate your Foreign Corrupt Practices Act knowledge and practical skills.

Whether you find yourself at the pool or the beach, in the backyard, or in the office waiting for the billable work to return in earnest after the Labor Day holiday, this post provides an overview of FCPA writings that can help you elevate your Foreign Corrupt Practices Act knowledge, sophistication, and practical skills.

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Must Read – Former Deputy Attorney General David Ogden’s Speech Criticizing The DOJ’s Leverage-Based Enforcement Approach

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How many articles, speeches or commentary by former high-ranking DOJ officials does it take to realize that the DOJ is frequently misguided?

The latest former high-ranking DOJ official to criticize the DOJ’s current approach to investigating and resolving alleged legal violations by business organizations is David Ogden. Currently a partner at WilmerHale, Ogden previously was the DOJ Deputy Attorney General and prior to that a DOJ Assistant Attorney General.

Touching upon many of the same issues I have been writing about for years – from my 2010 article “The Facade of FCPA Enforcement,” to my 2010 Senate FCPA testimony, to my recent article “Measuring the Impact of NPAs and DPAs on FCPA Enforcement,” in this recent speech Ogden criticizes the DOJ’s “leverage-based” enforcement approach.

The speech is a must read and is excerpted below. Tomorrow’s post will be an episode of the FCPA Flash podcast in which Ogden discusses various aspects of the speech.

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