Another FCPA?
Imagine a world in which there were two FCPA’s.
The Foreign Corrupt Practices Act and … the Fiscal Contingency Preparedness Act.
A bit of light-hearted post today, but this “other” FCPA was introduced in Congress and the purpose of the bill is to “to require the Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, to examine the ability of the Federal Government to respond to potential fiscal shocks, and for other purposes.”
The Committee for a Responsible Federal Budget (which describes itself as a nonpartisan, non-profit organization committed to educating the public on issues with significant fiscal policy impact) recently released this FAQ regarding the “other” potential FCPA.
Checking In On Dr. Reddy’s FCPA Scrutiny
Several instances of FCPA scrutiny have dragged on for years including the scrutiny of Dr. Reddy’s Laboratories Ltd., (an India-based pharmaceutical company with ADRs listed on the New York Stock Exchange).
As highlighted in this prior post, in 2020 the company disclosed that it “has commenced a detailed investigation into an anonymous complaint” alleging that “healthcare professionals in Ukraine and potentially in other countries were provided with improper benefits in violation of U.S. laws.”
As highlighted in this prior post, in mid-2021 the company’s scrutiny expanded and in 2023 the company stated:
Checking In On The Rovirosa Case
In December 2025, Ramon Alexandro Rovirosa Martinez was found guilty after a bizarre trial of various charges in connection with an alleged Mexican bribery scheme. (See here for the prior post).
As reported here: “the US corruption trial of Mexican businessman Ramon Alexandro Rovirosa Martinez featured no fact witnesses, which led the judge to block the government from introducing most of its evidence until their closing argument.”
Post-trial, Rovirosa filed a motion for a judgement of acquittal and among the reasons stated were the following:
Clayton On FCPA Enforcement
In a recent event hosted by Securities Docket, Jay Clayton (U.S. Attorney for the Southern District of New York) stated that he “hates corruption of foreign officials” but also “hates the FCPA as applied” and noted “because of the application of the FCPA and the way we do it, I think corruption in many places around the world has increased.”
These pages have highlighted Clayton’s candid observations about Foreign Corrupt Practices enforcement for many years and the above statement is consistent with Clayton’s long-held views.
A 2011 whitepaper titled “The FCPA and Its Impact on International Business Transactions” written by a New York City Bar Association committee chaired by Jay Clayton stated:
FCPA Institute – Zoom (Feb. 23-25)
Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of professionals from around the world. The FCPA Institute began as an in-person event, but shifted to Zoom in 2020. The Zoom event is time and cost efficient and has resulted in greater participation from professionals around the world.
The next FCPA Institute – Zoom will be offered on February 23-25 and consists of 9 hours of integrated and cohesive instruction (each day from 7:00 a.m. -10:00 a.m. U.S. central) led by Professor Koehler, an FCPA expert with FCPA practice and teaching experience.