Has the general increase in Foreign Corrupt Practices Act enforcement over the past decade done anything to deter future FCPA violations? Why in this current era of purported increased FCPA compliance does there seem to be more, not less, FCPA inquiries? Does effective compliance reduce FCPA scrutiny or does effective compliance uncover more FCPA issues? If the latter, does that argue in favor of a compliance defense?
If every company hired FCPA counsel to do a thorough review of its world-wide operations – given the current enforcement theories – would 50% of companies find technical FCPA violations? 75%? 95%? If the answer is any one of those numbers is that evidence of how corrupt business has become or is that evidence of how unhinged FCPA enforcement theories have become?
While pondering the above questions, do recognize that a company disclosing or otherwise being the subject of FCPA scrutiny has become as common as the sun rising and a dog barking (hence the picture).
This post highlights recent disclosures and scrutiny from just the past week involving the following companies: Fairmont Santrol, Platform Speciality Products, Alere, Aegerion Pharmaceuticals and Tabcorp.