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FCPA Professor Turns 7


Seven years ago, I launched FCPA Professor with this simple mission statement.

“After a decade-long private practice legal career focused on the FCPA, I am pleased to launch FCPA Professor in connection with my new academic career. To be sure, there are other websites and blogs which cover FCPA topics. However, FCPA Professor seeks to inject a much-needed scholarly voice into FCPA issues. Thus, in addition to covering the “who, what, and where” of FCPA enforcement actions, news, and legislative initiatives, this blog will also explore the more analytical “why” questions increasingly present in this current era of aggressive FCPA enforcement. The goal of this blog is thus to foster a forum for critical analysis and discussion of the FCPA (and related topics) among FCPA practitioners, business and compliance professionals, scholars and students, and other interested persons.”

Seven years and 1,798 posts later, FCPA Professor is still here and the mission remains the same.

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Issues To Consider From The Johnson Controls Enforcement Action


Prior posts here and here concerned the Foreign Corrupt Practices Act enforcement action earlier this week against Johnson Controls (JCI). This post continues the analysis by highlighting additional issues to consider.


According to the SEC’s Order “JCI self-reported the potential FCPA violations to the SEC staff and DOJ in June 2013.” Thus, from start to finish JCI’s FCPA scrutiny lasted 3 years and 1 month.

If the DOJ/SEC want the public to have confidence in their FCPA enforcement programs, they must resolve instances of FCPA scrutiny much quicker.

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Go “Back To School” At The FCPA Institute – DC (Sept. 19-20)

Featured Image FCPA Institute

Learning a new topic or elevating knowledge and practical skills is not just for traditional students in a traditional education setting.

Professionals in the workplace can also benefit from a “back to school” experience.  For professionals in the FCPA space – or wishing to join the FCPA space – the FCPA Institute serves this objective.

The next FCPA Institute where professionals can elevate their Foreign Corrupt Practices Act knowledge and practical skills will be in Washington, D.C. on September 19-20.

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Elevate Your FCPA Knowledge At The FCPA Institute – DC (Sept. 19-20)

Featured Image FCPA Institute

Leading law firms and companies across a variety of industry sectors have chosen the FCPA Institute to elevate the FCPA knowledge and practical skills of their employees and the FCPA Institute is next making a stop in Washington, D.C. on September 19th-20th.

The FCPA Institute is different from other FCPA conferences as information is presented in an integrated and cohesive manner by an expert instructor with FCPA practice and teaching experience.  Moreover, the FCPA Institute promotes actual engagement and active learning by participants through issue-spotting videos, skills exercises, small-group discussions, and the sharing of real-world practices and experiences.

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Does Legal Authority Even Matter In FCPA Enforcement?


As highlighted in yesterday’s post, the 11th Circuit recently concluded in SEC v. Graham – in direct conflict with the government’s assertion in the FCPA Guidance – that disgorgement is subject to a five-year statute of limitations.

Graham of course should matter to FCPA enforcement.

However, the reality is that Graham will likely not matter because legal elements, legal exceptions, legal defenses, and other general legal principles often only directly matter to the extent an adversarial proceeding takes place and a litigant is forced to prove things consistent with the applicable burden of proof.

Indeed, in the FCPA context the SEC has never been put to its burden of proof by an issuer.

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