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Summer FCPA Reading List

Summer Reading

Summer.

A time for reflection, a time to think, a time to read.

If you have some downtime this holiday weekend, put it to good use.

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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A Q&A Regarding “A Common Language to Remedy Distorted FCPA Enforcement Statistics”

Q&A

My article “A Common Language to Remedy Distorted FCPA Enforcement Statistics” (click here to download) was recently published in the Rutgers Law Review.

The article discusses how various FCPA Inc. participants have adopted creative and haphazard counting methods that infect the quality and reliability of FCPA enforcement and related statistics of interest to many in the legal and business communities. The article also highlights how the lack of an FCPA common language has several negative effects including the quality of FCPA lawyering, the quality of empirical FCPA research, and the quality of FCPA reporting by the media.

The article concludes by proposing a FCPA common language that can improve the quality and reliability of FCPA statistics and thus allow a more cogent conversation to take place regarding FCPA issues.

I elaborate on various issues discussed in the article in a Q&A recently published in Bloomberg BNA’s White Collar Crime Report – “How a Common Language for the FCPA Would Help all Participants” (May 13, 2016).

The Q&A is set forth below.

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A Look Back At 2015 FCPA Enforcement And Related Developments

2015 year in review

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 April doesn’t mean it is too late to learn about the top FCPA events and issues from the prior year.

The 2015 version of the FCPA year in review article is forthcoming in the Cleveland State Law Review and can be downloaded for free here.

Among the issues addressed in the article are the following:

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Revisiting The Benefits Of Voluntary Disclosure With Responsible Statistical Analysis

Statistical Analysis

Today’s post is from Peter Leasure J.D. (current Ph.D. candidate, University of South Carolina, Department of Criminology and Criminal Justice).

*****

When asked about all sorts of automotive and household repairs, a dear friend used to reply, “I know just enough to get into trouble.”

Such can be the case with statistics and Foreign Corrupt Practices Act (FCPA) research. While statistical research within the FCPA is sparse[1], some efforts have been made. However, some of these efforts fell short and the entire legal field, especially those publishing legal journals, could greatly benefit from a better understanding of statistics.

My new article forthcoming in the Journal of Financial Crime titled “Embracing Fragility in Our Data: A Cautionary Example from Research on the FCPA and Voluntary Disclosure” (click here to download) provides a clear example of the need for a greater understanding of statistics in FCPA research.

“Embracing Fragility in Our Data” critiques the methodology of a previous study [2] which looked at whether there are benefits to voluntary disclosure of FCPA misconduct. In the study being critiqued, results showed that voluntarily disclosing companies faced nearly two and a half times higher total fines than companies that did not voluntarily disclose. A simple Google Scholar search yields twenty eight manuscripts that have relied upon and cited the findings noted by that previous study. It is no doubt likely that several other academics and practitioners have also relied upon and communicated those findings.

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