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SEC Chair Clayton Says That “In Many Areas Of The World, Our [FCPA] Work May Not Be Having The Desired Effect”

Jay Clayton

These pages have long posed the question of whether the Foreign Corrupt Practices Act has been successful in achieving its objectives. (See here for a recent law review article titled “Has the FCPA Been Successful in Achieving Its Objectives” – see also here for FCPA Flash podcast episodes on the topic).

These pages have also long posed the question of whether country exits in the aftermath of FCPA scrutiny or enforcement are a good thing (as the government often seems to suggest) or rather a bad thing. (See here for numerous posts).

Yesterday, in this speech, SEC Chairman Jay Clayton discussed the same topics and offered candid observations that seemingly conflict with much of the government’s FCPA enforcement rhetoric over the last several years.

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How Others Answered The Question Of Whether The FCPA Has Been Successful In Achieving Its Objectives


This post highlighted a new article titled “Has the FCPA Been Successful in Achieving Its Objectives?”

As highlighted below, the same general question has been posed to several guests on the FCPA Flash Podcast.  Click on the links to see how the individuals answered the very relevant question.

Sandra Moser (Quinn Emanuel and former chief of the DOJ’s Fraud Section)

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