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Hats Off To Urofsky

January 18, 2022

Shearman & Sterling recently released its annual “Recent Trends and Patterns in the Enforcement of the Foreign Corrupt Practices Act.”

Year in and year out, it is one of the best law firm generated FCPA year in review publications.

For years, Philip Urofsky (a former Assistant Chief of the DOJ Fraud Section where he handled FCPA matters) has been a primary author of the publication and in connection with this year’s release Urofsky announced that it would be his last “FCPA Trends and Patterns” publication as he is retiring.

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An FCPA Statistical Feast

January 17, 2022

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 2021 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.

Compared to prior years, certain of the 2021 year in review statistics are less than enlightening given the small number of corporate enforcement actions in 2021.

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This Week On FCPA Professor

January 15, 2022

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor – a week devoted to various 2021 FCPA year in review statistics.

This post highlights the “foreign officials” of 2021 as alleged in FCPA enforcement actions.

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DOJ Individual Actions: The Strange Public – Private Divide

January 14, 2022

These pages track all sorts of Foreign Corrupt Practices Act statistics.

Some of the statistics are “inside baseball” like and other statistics (such as the long time periods associated with FCPA scrutiny or the general lack of individual enforcement actions in connection with most corporate enforcement actions) raise significant public policy issues and/or undermine government rhetoric.

The statistic discussed in this post fits all three categories: it is equal parts “inside baseball,” it raises significant public policy issues, it undermines government rhetoric, and moreover it is just plain strange.

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A Focus On DOJ Individual Actions

January 13, 2022

This recent post focused on SEC individual FCPA actions in 2021 and historically. Today’s post highlights various facts and figures regarding the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2021 and historically.

The key word above is FCPA offenses.

Some in the FCPA space include enforcement actions containing non-FCPA charges (often money laundering charges against alleged “foreign officials” or with increasing frequency money laundering charges against alleged bribe payors – see here) related to an FCPA enforcement action as an individual FCPA enforcement action. While it is fine to track such enforcement actions, calling them FCPA enforcement actions is factually false.

Compared to corporate FCPA enforcement actions, tracking individual FCPA enforcement actions can be difficult because the DOJ does not publicly announce every individual enforcement action and/or certain matters are filed under seal. Moreover, and as relevant to this year’s statistics, the DOJ may originally file non-FCPA charges against certain individuals (complete with a press release announcing the action) but then subsequently file FCPA charges against the same individuals (without an announcing press release).

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