The dog days of summer. A time for reflection, a time to think, a time to read.
This post provides an overview of FCPA writings that can help you elevate your Foreign Corrupt Practices Act knowledge, sophistication, and practical skills.
“The Foreign Corrupt Practices Act in a New Era”
This book is the most comprehensive and candid book written about the FCPA. The book dissects the FCPA’s new era and readers from the boardroom, to the courtroom, to the classroom will benefit from the nine chapters of the book which place the FCPA’s new era in context and provide a practical and provocative analysis of the FCPA, its enforcement, and related topics.
“The Facade of FCPA Enforcement”
According to available metrics, “The Facade of FCPA Enforcement” is the most downloaded article written about the FCPA. The 2010 article began a much-needed discussion of various aspects of FCPA enforcement, analyzes various pillars that contribute to the facade of FCPA enforcement, and highlights that the FCPA, in its so-called new era, is being enforced like no other law. To download the article, click here.
“Ten Seldom Discussed FCPA Facts That You Need To Know”
Much is written about the Foreign Corrupt Practices Act. However, amid the clutter of enforcement agency rhetoric and resolution documents not subjected to any meaningful judicial scrutiny as well as the mountains of FCPA Inc. marketing material touting the next compliance risk, there are certain FCPA facts that are seldom discussed. Yet such facts, covering the entire span of the FCPA — from the statute’s enactment, to its statutory provisions, to FCPA enforcement, to FCPA reform, to the FCPA industry itself — occasionally bear repeating. This article does that by highlighting ten seldom discussed FCPA facts that you need to know. To download the article, click here.
“The Story of the Foreign Corrupt Practices Act”
This article, published on the FCPA’s 35th anniversary, is the most extensive piece written about the history of the FCPA and it weaves together information and events scattered in the FCPA’s voluminous legislative record to tell the FCPA’s story through original voices of actual participants who shaped the law. To download the article, click here.
“Foreign Corrupt Practices Act Ripples”
The most extensive article written about the negative business effects of FCPA scrutiny and enforcement beyond actual enforcement actions. The Article shifts the FCPA conversation away from a purely legal issue to its more proper designation as a general business issue that needs to be on the radar screen of business managers operating in the global marketplace. The article assists in-house counsel and compliance professionals stress the importance of FCPA compliance by highlighting issues that matter most to corporate leaders. To download the article, click here.
“Revisiting a Foreign Corrupt Practices Act Compliance Defense”
This article asserts that the current FCPA enforcement environment does not adequately recognize a company’s good faith commitment to FCPA compliance and does not provide good corporate citizens a sufficient return on their compliance investments. To download the article, click here.
“Grading the Foreign Corrupt Practices Act Guidance”
A critical analysis of the FCPA Guidance released by the DOJ and SEC in November 2012. Among other things, the following topics are discussed: (i) the enforcement agencies’ motivations in issuing the Guidance and the fact that it should have been issued years ago; (ii) the utility of the Guidance from an access-of-information perspective and how the Guidance can be used as a measuring stick for future enforcement agency activity; and (iii) how the Guidance is an advocacy piece and not a well-balanced portrayal of the FCPA as it is replete with selective information, half-truths, and, worse information that is demonstratively false. To download the article, click here.
“Foreign Corrupt Practices Act Enforcement as Seen through Wal-Mart’s Potential Exposure”
What does the most high-profile instance of FCPA scrutiny in history tells us about the current FCPA enforcement environment? Quite a lot actually. To download the article, click here.
“Why You Should Be Alarmed by the ADM FCPA Enforcement Action”
Certain FCPA enforcement actions should legitimately cause many to wonder whether the enforcement agencies have transformed FCPA enforcement into a free-for-all in which any conduct the agencies find objectionable is fair game to extract a multimillion-dollar settlement from a risk-averse corporation. This article highlights why anyone who values the rule of law should be alarmed by the ADM enforcement action. To download the article, click here.
“What Percentage of DOJ FCPA Losses is Acceptable?”
Bringing criminal charges and marshalling the full resources of law enforcement against an individual is an awesome power that our government possess. Because that power alters the lives of real people and their families, sidetracks real careers, empties real bank accounts in mounting a defense, and causes often irreversible damage to real reputations, it ought to be exercised with real discipline and prudence. It is fact that during this new era of FCPA enforcement the DOJ has an overall losing record in FCPA enforcement actions when actually put to its ultimate burden of proof and this article poses the question: what percentage of DOJ FCPA losses is acceptable? To download the article, click here.
In addition to the above articles, each year I publish an extensive FCPA year in review. Put them all together and you will have an extensive collection of FCPA statistics, trends, and analysis over time.
For 2014, see here.
For 2013, see here.
For 2012, see here.
For 2011, see here.
For 2010, see here.
For 2009, see here.
Thanks for reading!