- 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.

With much rhetoric floating around regarding the FCPA and with many creative and haphazard counting methods employed by certain FCPA Inc. participants [1], 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 2017 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.

See here [2] for a free 90-minute video tutorial which provides an overview of every corporate enforcement action in 2017; highlights notable statistics and issues to consider from 2017; discusses compliance take-away points from 2017 enforcement actions; and covers enforcement agency policy and related developments in 2017.

This post [3] highlights the origins of 2017 corporate FCPA enforcement actions. Like prior years, 2017 corporate enforcement actions originated in a variety of ways from voluntary disclosures, to foreign media reporting and foreign law enforcement investigations, to pro-active SEC investigations, to civil litigation.

This post [4] highlights how the gray cloud of FCPA scrutiny lasted too long in 2017. Specifically, 4.5 years was the median length of time companies that resolved FCPA enforcement actions in 2017 were under scrutiny.

[5]

This post [6] compares 2017 corporate FCPA enforcement (aggregate DOJ/SEC) to prior years. While 2017 did not match 2016’s record-setting year, 2017 corporate FCPA enforcement was above historical averages.

This post [7] focuses specifically on SEC FCPA enforcement in 2017 and contains a number of statistics including comparisons to historical statistics.

This post [8] highlights SEC FCPA enforcement actions against individuals and how just 1 of the 7 corporate SEC FCPA enforcement actions in 2017 (14%) has involved, at present, related FCPA charges or findings against company employees.

This post [9] focuses specifically on DOJ FCPA enforcement in 2017 and contains a number of statistics including comparisons to historical norms.

This post [10] 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 [11] 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 [12] highlights the alleged “foreign officials” from 2017 corporate enforcement actions.

This post [13] highlights the largeness of 2017 corporate enforcement actions against foreign companies from OECD Convention and poses the question: should the U.S. back off of such prosecutions?

FCPAnalytics Is Data Driven

As stated by the DOJ's compliance counsel: "strong compliance must be data driven." FCPAnalytics strives to do just by assisting professionals in making efficient and informed decisions guided by data driven statistics.  

Learn More [14]