FCPA Professor has been the place to visit this month for in-depth 2015 Foreign Corrupt Practices Act 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 published on FCPA Professor in January.
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This post highlights various facts and figures from 2015 SEC FCPA enforcement. The post breaks down the statistics into specific categories such as settlement amounts, settlement specifics, and voluntary disclosures as well as provides a comparison to historical statistics.
This post highlights various facts and figures from 2015 DOJ FCPA enforcement. The post breaks down the statistics into specific categories such as settlement amounts, settlement specifics, voluntary disclosures, and monitors as well as provides a comparison to historical statistics.
This post compares 2015 corporate FCPA enforcement to prior years and highlights how overall corporate FCPA enforcement in 2015 was up slightly compared to 2014 and 2013 corporate enforcement even though DOJ corporate FCPA enforcement in 2015 was at its lowest level since 2006 and even though overall FCPA settlement amounts were well below historical averages.
This post highlights the alleged “foreign officials” from 2015 corporate DOJ and SEC FCPA enforcement actions. Similar to prior years, the majority of corporate enforcement actions involved, in whole or in part, employees of alleged state-owned or state-controlled entities. In 2015, these entities ranged from health care providers, to sovereign wealth funds, to a real estate development firm, a sugar factory, a cement company, a diamond mine, and an oil and gas company.
This post focuses on individual FCPA enforcement actions by the SEC and highlights the key fact, that despite SEC rhetoric about the importance of individual enforcement actions, of the 81 corporate SEC FCPA enforcement actions since 2008, 67 (or 83%) have not (at least yet) resulted in any SEC charges against company employees.
This post contains the same analysis regarding individual FCPA enforcement actions by the DOJ and likewise highlights the key fact, that despite DOJ rhetoric about the importance of individual enforcement actions, of the 69 corporate DOJ FCPA enforcement actions, 50 (or 72%) have not (at least yet) resulted in any DOJ charges against company employees. Moreover, DOJ individual FCPA actions exhibit a clustering phenomenon in that 53% of the individuals charged by the DOJ with FCPA criminal offenses since 2008 have been in just six cases and 72% of the individuals charged by the DOJ since 2008 have been in just eleven cases.
Further to the analysis of DOJ individual actions, as highlighted in this post there is a sharp public – private divide. In short, of the 107 individuals charged by the DOJ with FCPA criminal offenses since 2008, 82 of the individuals (77%) were employees or otherwise affiliated with private business organizations. This is a striking statistic given that 53 of the 69 corporate DOJ FCPA enforcement actions since 2008 (79%) were against publicly traded corporations.
