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Deposition Prep That Lead To A Notable FCPA Enforcement Action


The origins of a Foreign Corrupt Practices Act enforcement action can be numerous and varied.

As explored in this prior post, 2022 corporate enforcement actions originated from voluntary disclosures, foreign law enforcement investigations, and media reporting.

Other origins of FCPA enforcement actions have included whistleblower or competitor complaints and unrelated government investigations.

FCPA enforcement actions can also originate in other interesting and unique ways.  The 2001-2002 enforcement action against David Kay and Douglas Murphy is an instructive example.

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Better Late Than Never


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 (even though many of the enforcement actions do not actually involve FCPA charges – see here).

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?

This question has occasionally being asked on this site for over a decade (see here for instance).

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DOJ Officials On Voluntary Disclosure: A Trip Down Memory Lane

Memory Lane

For years, approximately the last 15-20 years, the Department of Justice has wanted business organizations under Foreign Corrupt Practices Act (and other scrutiny) to voluntarily disclose conduct in violation of the law (or mere potential violation of the law).

That the DOJ has made various attempts to encourage voluntary disclosure over the years – and every few years seems to tweak its voluntary disclosure and related corporate criminal enforcement policy – is seemingly an indication that its previous policies were not accomplishing the intended results.

As highlighted in this post, last week the DOJ announced revisions to its 2017 Corporate Enforcement Policy (a policy document which encouraged voluntary disclosure and built upon the 2016 FCPA Pilot Program). The revisions were in addition to revisions to the CEP released in early 2019 (see here) as well as late 2019 (see here).

This post takes a trip down memory lane and highlights various speeches by DOJ officials since at least 2006 extoling the virtues of voluntary disclosures.

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Here Is My Comment


Recently, the International Law Association (ILA) requested comments on its paper which addresses the following “three fundamental questions: How did the fight against corruption progress in the last fifteen years; what are the chief barriers to fighting corruption today; and, how to overcome them and take the fight to the next level.”

Here is my comment.

Government – through law enforcement – can’t enforce its way out of the bribery problem. Rather, trade barriers and distortions are often the root causes of bribery and a reduction in bribery will not be achieved without a reduction in trade barriers and distortions.

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This Week On FCPA Professor


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.

This post 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 are against individuals associated with non-issuers.

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