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A Focus On DOJ Individual Actions

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This recent post focused on SEC individual FCPA actions in 2020 and historically. Today’s post highlights various facts and figures regarding the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2020 and historically.

The key word above is FCPA offenses.

Some in the FCPA space include enforcement actions containing non-FCPA charges (often money laundering charges against alleged “foreign officials”) related to an FCPA enforcement action as an individual FCPA enforcement action. While it is fine to track such enforcement actions, calling them FCPA enforcement actions is factually false.

Compared to corporate FCPA enforcement actions, tracking individual FCPA enforcement actions is often more difficult because the DOJ does not publicly announce every individual enforcement action and/or certain matters are filed under seal.

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

As highlighted here, Deutsche Bank joined the FCPA repeat offender club by resolving a second enforcement action in just 16 months.

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Checking In On The DOJ’s Hoskins Appeal

Judicial Decision

In 2019 Lawrence Hoskins was found guilty of FCPA and related charges in a long-running enforcement action (the FCPA conduct Hoskins was found guilty of allegedly occurred between 2002 and 2004).

As highlighted in this prior post, in early 2020 the trial court judge granted Hoskins’s motion of acquittal on all FCPA charges (the issue was highly factual and generally focused on whether Hoskins was an agent of a “domestic concern.”).

Rather than let go of this enforcement action (in which the DOJ suffered numerous other defeats including this 2018 pre-trial Second Circuit decision regarding jurisdictional issues), after the post-trial acquittal the DOJ filed another Second Circuit appeal (see here) in which it framed the issues as follows:

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

This post kicked off 2020 year in review posts by comparing 2020 corporate FCPA enforcement to prior years.

This post highlights the origins of 2020 corporate FCPA enforcement actions.

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This Week On FCPA Professor

ThisWeekPost

FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

In the minds of some, companies that have resolved Foreign Corrupt Practices Act enforcement actions are bad or unethical companies. However, this post highlights how several FCPA violators are among the best-managed companies.

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