Professor Koehler is an active writer on all aspects of the FCPA and related topics and his work has been cited in judicial decisions, legal briefs, policy papers, Congressional testimony, and the media.

This page provides an overview of Professor Koehler’s books that are must reads for anyone seeking to elevate their FCPA knowledge and practical skills. Professor Koehler has also published extensively in leading law reviews, journals, and other publications and his scholarship can be downloaded here.

In writing on bribery and corruption topics, it is tempting to take the position that because bribery (however defined) is inherently bad, all attempts to enforce bribery laws must therefore be inherently good.  This is not a position advanced by Professor Koehler as corporate bribery is not, as Congress recognized in passing the FCPA, the “simple, safe issue it seemed at first blush.”

Professor Koehler’s FCPA views can be summarized as follows.  

• The FCPA is a fundamentally sound statute, albeit one that could be improved upon.
• Actual legal authority defines what the FCPA means, not non-legal sources of information such as enforcement agency guidance or resolved enforcement actions.
• In a legal system founded on the rule of law, success is best measured when an enforcement agency is put to its burden of proof in the context of an adversarial system, not when an enforcement agency exercises its leverage to secure settlements against risk-averse business organizations through resolution vehicles not subjected to any meaningful judicial scrutiny.
• Prosecuting individuals achieves greater deterrence than corporate-only enforcement.
• 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.
• The U.S. crusade against bribery suffers from several uncomfortable truths, including a double standard regarding corporate interaction with “foreign officials” under the FCPA and corporate interaction with U.S. officials under other U.S. laws.

STRATEGIES FOR MINIMIZING RISK UNDER THE FCPA AND RELATED LAWS

In the minds of some, complying with Foreign Corrupt Practices Act and related laws is easy: “you just don’t bribe.” The reality, as sophisticated professionals should know, is not so simple and this book provides a diverse group of professionals who can assist in risk management (such as lawyers; finance, accounting and auditing professionals; business executives and board of director members; human resources professionals; and others) with the best available tools to minimize risk under the FCPA and related laws given the current enforcement landscape.

Towards this goal, this book uses plain English to: (i) highlight legal authority and other sources of information relevant to bribery laws; (ii) guide readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies; and (iii) allow readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises complete with model answers.

The book is available in both hardcover and paperback and can be ordered here. Set forth below are what others are saying about “Strategies for Minimizing Risk Under the FCPA and Related Laws.”

Jay Jorgensen, Walmart Executive Vice President and Global Chief Ethics and Compliance Officer

“Professor Mike Koehler is a leading authority on anti-corruption. He uses that knowledge to anticipate trends in the law and to distill the principles and actions that matter in practice. For companies that want to get the most value out of their anti-corruption efforts, Professor Koehler’s advice is invaluable.”

Jay Darden, Paul Hastings LLP and former DOJ Fraud Section Assistant Chief

“For years, Mike Koehler – also known as the ‘FCPA Professor’ – has been a leading voice in an important conversation about one of the key enforcement priorities of the United States government. This book is a prime example of why corporate compliance professionals and practitioners alike continue to listen Professor Koehler. His rigorous discussion and analysis of the legal framework underlying the FCPA is a must read.”

Claudius Sokenu, Andeavor, Deputy General Counsel and Former Senior Counsel – SEC

“Professor Mike Koehler is an authoritative and practical voice in understanding the Foreign Corrupt Practices Act and the many related US and foreign laws and regulations impacting how companies conduct business in the global economy. He has an encyclopedic knowledge of the FCPA and distills it into understandable and user-friendly teachings that both lawyers and non-lawyers can understand and use.”

For additional reviews of “Strategies for Minimizing Risk Under The FCPA and Related Laws”

See here “[W]hat distinguishes Professor Koehler’s book from many of its competitors is its straightforward, easy to read exposition of what any firm should do to minimize the chances that, thanks to the wayward act of an employee or consultant, it will face allegations it has bribed a government official. In eight tightly-written chapters, he brings his encyclopedic knowledge of FCPA cases, pre-trial settlements of enforcement actions, and the commentary on antibribery law to bear to explain how to develop and implement a sound, reasonable, cost-effective antibribery compliance program. Along the way he chucks the jargon that has grown up around antibribery compliance programs, opting instead for clearly written prose that demystifies rather obscures the process all firms should follow to develop and implement preventive measures. […] Professor Koehler has written a book corporate compliance staff and their advisors will want to have in easy reach as they help companies avoid entanglement in the ever growing thicket of antibribery laws.”

THE FOREIGN CORRUPT PRACTICES ACT IN A NEW ERA

Understanding the FCPA’s new era is a fundamental skill-set for a diverse group of professionals navigating the global marketplace. This book provides a toolkit that will assist readers from the boardroom to the courtroom to the classroom better understand the FCPA, FCPA enforcement, FCPA compliance strategies, and the many legal and policy issues present in this new era.

This book is the first of its kind as it injects innovative concepts into the study of the FCPA and FCPA enforcement and it places an emphasis on learning FCPA issues incrementally in the belief that various foundational knowledge will best enhance understanding and comprehension of specific FCPA topics.

To order a hard copy of the book, see here and here; to order an e-copy of the book, see here and here. Set forth below are what others are saying about “The Foreign Corrupt Practices Act in a New Era.”

Michael Mukasey, former U.S. Attorney General

“Professor Koehler has brought to this volume the clear-eyed perspective that has made his FCPA Professor website the most authoritative source for those seeking to understand and apply the FCPA. This is a uniquely useful book, laying out systematically the history and rationale of the FCPA, as well as its evolution into a structure governed as much by lore as by law. It will be valuable both to those who counsel international corporations, whether in connection with immediate crises or long-term strategies; and to those who contemplate what the FCPA has become, and how it can be improved.”

Professor Daniel Chow, The Ohio State University Moritz College of Law

“This is the single most comprehensive academic treatment of the Foreign Corrupt Practices available. Professor Koehler’s book will become the authoritative standard for the field. The book not only treats the history of the FCPA, but analyzes the statute’s elements in detail, discusses current cases, and makes proposals for reforms where the current law is deficient. The book is written in a clear, accessible style and I will use it often as a resource for my own scholarly work.”

 Richard Alderman, former Director of the UK Serious Fraud Office

“An excellent and thought-provoking book by a great expert. Backed up by rigorous analysis of cases, Professor Koehler constantly challenges those involved in anti-corruption work by asking the question ‘why?’ He puts forward many constructive and well-argued suggestions for improvements that need to be considered. I have learned a lot from Professor Koehler over the years and I can thoroughly recommend this book.”

For additional reviews of “The Foreign Corrupt Practices Act in a New Era”

See here “[The FCPA in a New Era] should become one of the standard texts for any FCPA compliance practitioner, law student studying the FCPA or anyone else interested in anti-bribery and anti-corruption. It should be on your FCPA library bookshelf”

See  here – “Mike Koehler’s new book is probably the best book we’ve read about the FCPA. […] For those wanting a pair of ‘FCPA goggles’ no book is, in our opinion, better.”

See here – “If you care about the rule of law [The FCPA in a New Era] is one of the most important books you can read – to learn how it is being eroded.  Professor Koehler’s book … is a must read for people who care about law reform.”