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Deposition Prep That Lead To A Notable FCPA Enforcement Action

By on January 30, 2023 in Origins of FCPA Actions
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The origins of a Foreign Corrupt Practices Act enforcement action can be numerous and varied.

As explored in this prior post, 2022 corporate enforcement actions originated from voluntary disclosures, foreign law enforcement investigations, and media reporting.

Other origins of FCPA enforcement actions have included whistleblower or competitor complaints and unrelated government investigations.

FCPA enforcement actions can also originate in other interesting and unique ways.  The 2001-2002 enforcement action against David Kay and Douglas Murphy is an instructive example.

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The Origins Of 2022 Corporate Enforcement Actions

By on January 3, 2023 in Origins of FCPA Actions, Year in Review 2022
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This recent post compared corporate FCPA enforcement actions in 2022 to prior years. However, before a Foreign Corrupt Practices Act enforcement action is announced, scrutiny must first arise.

This post highlights the origins of the ten corporate enforcement actions in 2022. (See here for a similar post highlighting the origins of 2021 corporate enforcement actions; here for 2020; here for 2019, here for 2018, here for 2017, and here for 2016).

In summary, of the ten corporate enforcement actions from 2022, five enforcement actions (50%) appear to have originated with a voluntary disclosure; four enforcement actions (40%) appear to have originated with a foreign law enforcement investigation; and two enforcement actions (20%) appear to have originated with a DOJ/SEC investigation.

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The Origins Of 2021 Corporate Enforcement Actions

By on January 4, 2022 in FCPA Statistics, Origins of FCPA Actions, Year in Review 2021
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This recent post compared corporate FCPA enforcement actions in 2021 to prior years. However, before a Foreign Corrupt Practices Act enforcement action is announced, scrutiny must first arise.

This post highlights the origins of the four core corporate enforcement actions in 2021. (See here for a similar post highlighting the origins of 2020 corporate enforcement actions; here for 2019, here for 2018, here for 2017, and here for 2016).

Compared to prior years, this year in review statistic (like many from 2021) is less than enlightening given the small number of corporate enforcement actions in 2021 coupled with the fact that the specific origin of an enforcement action is often dependent on information contained in a resolution document.

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Observations From The OECD’s Phase 4 U.S. Review Report

By on November 19, 2020 in Affirmative Defense – Promotional Expenses, Deferred Prosecution Agreements, Disgorgement, Enforcement Agency Policy, Facilitating Payments, FCPA Statistics, Individual Enforcement Action, Industry Sweeps, Kokesh, Non-Prosecution Agreement, Obtain or Retain Business, OECD, Origins of FCPA Actions, Statute of Limitations, Voluntary Disclosure, Whistleblowers, Yates Memo
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Recently, the OECD released its Phase 4 review of the United State’s implementation of the OECD Anti-Bribery Convention … in effect a review of the FCPA, its enforcement, and related issues.

The first question one needs to ask themselves is whether they care what “experts from Argentina and the United Kingdom” (as stated by the OECD “the report and its recommendations reflect the findings of experts from Argentina and the United Kingdom”) think about the U.S. Foreign Corrupt Practices Act, U.S. law enforcement (DOJ and SEC) policies and practices, and U.S. jurisprudence.

In any event, the Phase 4 Report “explores issues such as detection, enforcement, corporate liability, and international cooperation, as well as covering unresolved issues from prior reports.” (See here for a 2010 post summarizing the OECD’s Phase 3 review).

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