Top Menu

The FOREIGN Corrupt Practices Act

Globe

The “Foreign” in Foreign Corrupt Practices Act refers to the location of the bribe recipient (as in “foreign,” non-U.S. officials).

However, the “Foreign” in Foreign Corrupt Practices Act might as well refer to the location of the bribe payor as well – in other words the location of the company resolving the FCPA enforcement.

This recent post highlighted that approximately 75% of DOJ corporate enforcement actions since 2021 have been against foreign companies.

What do the numbers show regarding SEC FCPA enforcement?

Continue Reading

The FOREIGN Corrupt Practices Act

Globe

Since 2021, the DOJ has resolved 19 corporate Foreign Corrupt Practices Act enforcement actions.

The “Foreign” in Foreign Corrupt Practices Act refers to the location of the bribe recipient (as in “foreign” non-U.S. officials).

However, the “Foreign” in Foreign Corrupt Practices Act might as well refer to the location of the bribe payor as well – in other words the location of the company resolving the FCPA enforcement.

As highlighted below, of the 19 DOJ corporate FCPA enforcement actions since 2021, 14 of the 19 enforcement actions (74%) have involved foreign companies.

Set forth below are the 19 corporate DOJ FCPA enforcement actions since 2021 along with a general description of the company involved.

Continue Reading

The Largest Civil Monetary Penalties In Corporate FCPA Enforcement Actions

penalty

Disgorgement and prejudgment interest comprise the bulk of SEC recovery in corporate FCPA enforcement actions (typically 90% or so of overall recovery in most years).

However, in approximately 40% of corporate FCPA enforcement actions since 2010 the SEC has assessed a civil monetary penalty.

It is often a mystery (or at least not reasonably transparent) why most corporate FCPA enforcement actions by the SEC do not include a civil penalty, but some do.

In addition, it is often a mystery (or at least not reasonably transparent) how the civil penalties are actually calculated.

Continue Reading

The Largest FCPA Enforcement Actions Involving Healthcare Related Companies

healthcare

In large part due to the expansive FCPA enforcement theory that physicians, lab personnel and others associated with most foreign healthcare systems are “foreign officials” under the FCPA (first brought to the FCPA context in 2002 – see here for the prior post), healthcare related companies have resolved numerous FCPA enforcement actions.

This post highlights the twenty largest FCPA enforcement actions (as measured by settlement amount) involving healthcare related companies (broadly speaking pharmaceutical, medical device, life sciences, and diagnostic companies as well as those selling health related products).

Continue Reading

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 may violate the Foreign Corrupt Practices Act.

But what do the numbers show? What percentage of DOJ and SEC enforcement actions are the result of a voluntary disclosure?

This post provides the answers.

Continue Reading

Powered by WordPress. Designed by WooThemes