In recent public statements, DOJ and SEC officials have stated that they are focusing more on individual FCPA enforcement actions.
For instance, in this recent Financial Times article about DOJ FCPA enforcement, Assistant Attorney General Leslie Caldwell stated “we’re really focusing on individuals.” (Interestingly and as an aside, in the same article Caldwell stated: “In more than half of all countries it’s very difficult to do business without being faced with the potential of a FCPA violation . . . we recognize it’s a significant problem.”).
Likewise, in this recent interview DOJ Fraud Section Chief Andrew Weissmann, in explaining some of the reasons for the slowdown in corporate FCPA enforcement actions in 2015 stated that “part of the answer is that we are prosecuting more individuals.”
Over at the SEC, Andrew Ceresney (Director of the SEC’s Enforcement Division) recently stated that the SEC’s general focus on individual prosecutions “also applies to FCPA cases.”
The notion that the FCPA enforcement agencies are focusing more on individual enforcement is certainly part of the current narrative and many in the FCPA’s echo chamber are falling for this narrative hook, line and sinker.
However, it’s NOT true that the FCPA enforcement agencies are focusing more on individual enforcement. Indeed, the following number demonstrate the opposite.