- FCPA Professor - http://fcpaprofessor.com -

An FCPA Statistical Feast

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.

FCPA Professor has been the place to visit this month for in-depth 2019 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 [1] highlights the origins of 2019 corporate FCPA enforcement actions. Like prior years, 2019 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 and foreign media reporting.

This post [2] highlights how the gray cloud of FCPA scrutiny lasted too long in 2019. Specifically, 4.5 years was the median length of time companies that resolved FCPA enforcement actions in 2019 were under scrutiny.

This post [3] compares 2019 corporate FCPA enforcement (aggregate DOJ/SEC) to prior years and highlights that, measured in terms of actual settlement amounts, 2019 was the most vibrant year in the FCPA’s history.

[4]

This post [5] focuses specifically on DOJ FCPA enforcement in 2019 and contains a number of statistics including comparisons to historical norms.

This post [6] highlights DOJ FCPA enforcement actions against individuals and how approximately 80% of corporate FCPA enforcement actions have not (at least yet) resulted in any DOJ FCPA charges against company employees.

This post [7] 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 are against individuals associated with non-issuers.

This post [8] focuses specifically on SEC FCPA enforcement in 2019 and contains a number of statistics including comparisons to historical statistics.

This post [9] highlights SEC FCPA enforcement actions against individuals and how just 2 of the 13 corporate SEC FCPA enforcement actions in 2019 (15%) have involved, at present, related FCPA charges or findings against company employees.

This post [10] highlights the alleged “foreign officials” from 2019 corporate enforcement actions.

This post [11] highlights how much of the largeness of 2019 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?

FCPA Institute - Houston (March 26-27, 2020)

A unique two-day learning experience ideal for a diverse group of professionals seeking to elevate their FCPA knowledge and practical skills through active learning. Learn more, spend less. CLE credit is available.

Learn More & Register [12]