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New Article – “The FCPA’s Record-Breaking Year”

record breaker

Each year, in addition to numerous posts published on FCPA Professor, I author a more comprehensive Foreign Corrupt Practices Act year in review / recent developments article that is published by a law review or journal.

This publication process typically moves at a snail’s pace, but just because the calendar says May doesn’t mean it’s too late to learn about the top FCPA events and issues from the prior year.

2016 was a record-breaking year for FCPA enforcement. A new article “The FCPA’s Record-Breaking Year” (forthcoming in the Connecticut Law Review – click here to download) provides a detailed analysis of the most notable FCPA enforcement and policy developments from 2016 and will be value to anyone seeking to elevate their FCPA knowledge.

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A Buffet Of 2016 FCPA Enforcement Statistics


With much rhetoric floating around regarding the Foreign Corrupt Practices Act and with many creative and haphazard counting methods employed by certain FCPA Inc. participants, it is instructive to take a look at actual statistics.

FCPA Professor has been the place to visit this month for in-depth 2016 Foreign Corrupt Practices Act enforcement statistics as well as comparisons to historical statistics.

If you missed the daily posts, no worries.

This post consolidates in one place the statistics recently published on FCPA Professor.

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The “Foreign Officials” Of 2016


A “foreign official.”

Without one, there can be no FCPA anti-bribery violation (civil or criminal).  Who were the alleged “foreign officials” of 2016?

This post highlights the alleged “foreign officials” from 2016 corporate DOJ and SEC FCPA enforcement actions.

There were 27 core corporate enforcement actions in 2016. Of the 27 enforcement actions 21 (78%) involved, in whole or in part, employees of alleged state-owned or state-controlled entities (“SOEs) with 7 of the 21 (26%) actions involving, in whole or in part, individuals associated with foreign health care systems.

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A Focus On DOJ Individual Actions

Criminal Law

This recent post focused on SEC individual FCPA actions and this post highlights certain facts and figures concerning the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2016 and historically.

As highlighted numerous times on FCPA Professor over the past several years, the DOJ frequently talks about the importance of individual FCPA prosecutions. During her tenure, Assistant Attorney General Leslie Caldwell (she recently left the DOJ) has stated that “certainly…there has been an increased emphasis on, let’s get some individuals” and that it is “very important for [the DOJ] to hold accountable individuals who engage in criminal misconduct in white-collar (cases), as we do in every other kind of crime.”

During his tenure DOJ FCPA Unit Chief Patrick Stokes (he recently left the DOJ) has said that the DOJ is “very focused” on prosecuting individuals as well as companies and that “going after one or the other is not sufficient for deterrence purposes.”

Against this backdrop, what do the facts actually show?

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FCPA Flash Podcast – A Conversation With Karen Popp Regarding 2016 FCPA Enforcement And Policy Developments

FCPA Flash

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Karen Popp (Global Leader of the Sidley Austin White Collar Practice). In the podcast Popp, an experienced FCPA practitioner with prior DOJ experience, provides her list of the top developments from 2016 including: international collaboration, a DOJ initiatives “scorecard,” reflections on the Leslie Caldwell / Andrew Weissmann era at the DOJ; and the continued prominence of compliance and the potential for even greater expectations in the Trump administration.

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