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Is It Too Much To Ask For The DOJ FCPA’s Website To Be (Reasonably) Current And Thus Accurate?

August 9, 2022

The DOJ has a specific website devoted to the Foreign Corrupt Practices Act.

On the page you will find a purported chronological list and alphabetical list of Enforcement Actions.

With any free website (let alone a government website), there is probably not an expectation that the website be updated every day or perhaps every week as developments occur.

However, is it asking too much for the DOJ to keep its FCPA website reasonably current – and thus accurate?

As highlighted below, there have been several developments to individual FCPA enforcement actions that happened several months ago, in some cases, years ago that simply are not reflected on the DOJ’s FCPA website.

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Time Spent On The DOJ’s FCPA Website

August 8, 2022

I recently spent some time on the DOJ’s FCPA Website and looked at all “Enforcement Actions” involving individuals from 2018 to the present.

Many of the separately listed “Enforcement Actions” involve multiple individual defendants and some individual enforcement actions are listed in more than one year.

By my estimation though, the DOJ’s FCPA website – from 2018 to the present – contains information about 175 individuals and set forth below are some interesting statistics.

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This Week On FCPA Professor

August 6, 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.

See here for the top 20 SEC disgorgement amounts in FCPA enforcement actions.

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A Further Reminder That The FCPA Has Always Been A Law Much Broader Than Its Name Suggests

August 5, 2022

This type of post has been published several times before (see here and here among other posts), and once again today, to highlight an important (yet often overlooked) aspect of the Foreign Corrupt Practices Act: the FCPA has always been a law much broader than its name suggests.

Sure, the FCPA contains anti-bribery provisions which concern foreign bribery. Sure, the FCPA’s books and records and internal controls provisions can be implicated in foreign bribery schemes.

However, the fact remains that most FCPA enforcement actions (that is enforcement actions that charge or find violations of the FCPA’s books and records and internal controls provisions) have nothing to do with foreign bribery. For lack of a better term, let’s call these numerous enforcement actions non-FCPA, FCPA enforcement actions.

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A Reminder Why Congress Chose To Exempt Facilitating Payments From The Reach Of The FCPA’s Anti-Bribery Provisions

August 4, 2022

The State Department recently released this Investment Climate Statement for Côte d’Ivoire. It caught my eye not because Côte d’Ivoire is a prominent market for U.S. business, but rather because information in the statement provides a nice reminder why Congress chose to exempt facilitation payments from the reach of the FCPA’s anti-bribery provisions and how the same conditions motivating Congress to exempt facilitation payments are still present today.

In pertinent part, the statement reads:

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