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Time Spent On The DOJ’s FCPA Website

lookatscreen

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

ThisWeekPost

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

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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

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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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The Percentage Of Corporate DOJ And SEC FCPA Enforcement Actions That Result From A Voluntary Disclosure

Gift

For at least 15 years the government has encouraged business organizations to voluntary disclosure conduct that violates the Foreign Corrupt Practices Act.

In more recent years, in 2012 the government sought in the FCPA Guidance to entice business organizations to voluntarily disclose by, among other things, highlighting six “anonymized examples of matters DOJ and SEC have declined to pursue” where a common thread was voluntary disclosure. In April 2016, it was the DOJ’s pilot program, an effort – in the words of the DOJ –  to “encourage voluntary corporate self-disclosure.” Thereafter, it was the November 2017 DOJ FCPA Corporate Enforcement policy which – in the words of the DOJ – was intended to provide “guidance and greater certainty for companies struggling with the question of whether to make voluntary disclosures of wrongdoing…”.

But what do the numbers show? What percentage of DOJ and SEC enforcement actions are the result of a voluntary disclosure? The below post provides the answers.

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