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Issues To Consider From The LAN Airlines Enforcement Action


This previous post went in-depth regarding the $22 million parallel DOJ and SEC enforcement action against LAN Airlines.

This post continues the analysis of the enforcement action by highlighting additional issues to consider.


As noted in connection with the prior SEC enforcement action against Ignacio Cueto Plaza, the conduct at issue is notable for several reasons.

First, the problematic conduct was engaged in by an individual currently with the company. The vast majority of FCPA enforcement actions involve the conduct of former employees.

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Mid-Year FCPA Report

mid-year report

This post highlights Foreign Corrupt Practices Act enforcement and related developments at the mid-point of 2016.

In doing so, this post contains several FCPA enforcement statistics. When publishing yearly FCPA enforcement statistics, I remind readers that any statistic with an arbitrary cutoff date is of marginal value. This reminder is even more important when interpreting mid-year 2016 FCPA statistics.

Another reminder, once again various FCPA Inc. participants are engaging in haphazard and creative counting methods that distort FCPA statistics. (See here for the article “A Common Language to Remedy Distorted FCPA Enforcement Statistics”).

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A Positive Correlation Between Bureaucracy and Corruption


Previous posts (see here, here and here) have posed the question several times.

Why do Foreign Corrupt Practices Act violations occur?

Do companies subject to the FCPA do business in foreign markets: (i) intent on engaging in bribery as a business strategy and without a committment to FCPA compliance; or (ii) with a committment to FCPA compliance, yet subject to difficult business conditions?

To be sure, there have been some instances where bribery was used as a business strategy and approved of and condoned by high-level corporate executives.  However, the more common reason for FCPA scrutiny and enforcement is that company with a commitment to FCPA compliance is doing business in a foreign country subject to difficult business conditions.

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Further To The Need For Responsible Statistical Analysis In FCPA Research

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).


This previous FCPA Professor post and related article showed that FCPA researchers and the entire legal field, especially those publishing legal journals, could greatly benefit from a better understanding of statistics.

This post will once again demonstrate this need. In an article recently published (Annalisa Leibold, The Extraterritorial Application of the FCPA Under International Law, 51 Willamette L. Rev. 225 (2015) and a subsequent post on the FCPA Blog, it was stated that firms with foreign headquarters were paying larger fines than firms with U.S. headquarters in FCPA cases. The author said as follows:

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