Lest there be any confusion, I start this post with the basics.
The Foreign Corrupt Practices Act is a criminal (as well as civil) statute. Those that violate the FCPA ought to be charged. Those who are found guilty of FCPA violations are not worthy of commendation.
Nevertheless, those who put the DOJ or SEC to its burden of proof by contesting FCPA charges perform – in a way – a public service that ought to be recognized by forcing the FCPA enforcement agencies to defend its theories in court.
By recognized, I simply mean that it needs to be recognized that without FCPA individual defendants there would be no FCPA case law in the FCPA’s approximate 45 years.