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An FCPA Statistical Feast

Kid in Candy Store

If the Foreign Corrupt Practices Act is an area of your practice or interest, this post may make you feel like a kid in a candy store.

With much rhetoric floating around regarding the FCPA and with many creative and haphazard counting methods employed by certain FCPA Inc. participants, it is instructive to take a look at actual statistics using accurate and consistently applied math.

FCPA Professor has been the place to visit this month for in-depth 2018 FCPA enforcement statistics as well as comparisons to historical statistics. If you missed the daily posts, no worries. This post consolidates in one place the statistics recently published on FCPA Professor.

This post highlights the origins of 2018 corporate FCPA enforcement actions. Like prior years, 2018 corporate enforcement actions originated in a variety of ways from voluntary disclosures, to pro-active government investigations and industry sweeps, to foreign law enforcement investigations.

This post highlights how the gray cloud of FCPA scrutiny lasted too long in 2018. Specifically, 4.25 years was the median length of time companies that resolved FCPA enforcement actions in 2018 were under scrutiny.

This post compares 2018 corporate FCPA enforcement (aggregate DOJ/SEC) to prior years and highlights that, measured in terms of the number of core corporate actions, 2018 was the third most active year for enforcement in FCPA history.

This post focuses specifically on DOJ FCPA enforcement in 2018 and contains a number of statistics including comparisons to historical norms.

This post highlights DOJ FCPA enforcement actions against individuals and how approximately 80% of corporate FCPA enforcement actions since 2006 have not (at least yet) resulted in any DOJ FCPA charges against company employees.

This post takes a closer look at DOJ FCPA enforcement actions against individuals and the strange public – private divide. In other words, even though most corporate FCPA enforcement are against issuers, most individual actions against individuals associated with non-issuers.

This post focuses specifically on SEC FCPA enforcement in 2018 and contains a number of statistics including comparisons to historical statistics.

This post highlights SEC FCPA enforcement actions against individuals and how just 1 of the 14 corporate SEC FCPA enforcement actions in 2018 (7%) has involved, at present, related FCPA charges or findings against company employees.

This post highlights the alleged “foreign officials” from 2018 corporate enforcement actions.

This post highlights how much of the largeness of 2018 corporate enforcement was a result of enforcement actions against foreign companies from OECD Convention countries and poses the question: should the U.S. back off of such prosecutions?

And finally, with many creative and haphazard counting methods infecting all sorts of FCPA enforcement statistics, this post once again highlights why FCPA Inc. needs a common language.

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