The FCPA Blog Gets Wacky When Offering Reasons For “Why FCPA Corporate Enforcement Has Stalled”
Recently, the FCPA Blog published this post titled “three reasons why FCPA corporate enforcement has stalled.”
One reason offered is the following. “A new agenda. The focus of criminal and civil enforcement evolves over time. A recent White House announcement articulated a whole-government initiative to fight corruption. Cooperation among disparate agencies takes time.”
That is ridiculous. For starters, there has not been a corporate FCPA enforcement since January 8th and the release by the White House on June 3rd of its “Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest” is not the cause. Moreover, the memo does not address cooperation among “disparate agencies” in FCPA enforcement. Simply put, the Office of the Vice President, the Department of Energy, the Office of Management and Budget, the Office of the Chairman of the Joint Chiefs of Staff (just to name a few of the agencies listed in the memo) play no role in FCPA enforcement.
Another reason offered by the FCPA Blog is even more absurd.
No Come Aparts Now – Nor Should There Be – Gaps In FCPA Enforcement Are Common
Around this time four years ago, some people were seemingly having a come apart because there was a lull in Foreign Corrupt Practices Act enforcement and this lull was “evidence” of [insert whatever gripe you had about the Trump administration and assume causation].
So here we are over three months into the Biden administration and there has not yet been a corporate FCPA enforcement action. So where are the come aparts?
As highlighted below, there should be no come aparts now nor should there have been four years ago because gaps in FCPA enforcement are very common.