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New Article – “Foreign Corrupt Practices Statistics, Qualitative Issues, and Other Developments”

By on June 15, 2020 in Year in Review 2019
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Each January, this website publishes numerous year in review posts (see here).

In addition, for the 11th year in a row I authored a more comprehensive Foreign Corrupt Practices Act year in review / recent developments article that is published by a law review or journal. As time goes by, the most difficult part of writing the article is coming up with a unique title that is not duplicative of prior years.

The 2019 version (forthcoming in the Vanderbilt Journal of Transnational Law) is titled “Foreign Corrupt Practices Statistics, Qualitative Issues, and Other Developments” can be downloaded here.

Below is the abstract.

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FCPA Flash Podcast – A Conversation With Philip Urofsky Regarding 2019 FCPA Developments

By on January 27, 2020 in Cooperation, FCPA Flash, Uncategorized, Year in Review 2019
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 podcast episode is a conversation with Philip Urofsky (Shearman & Sterling and former DOJ FCPA prosecutor). Recently, the firm issued it always information “Recent Trends and Patterns in Enforcement of the FCPA” and during the podcast Urofsky talks about: (i) whether the government has continued to advance expansive FCPA enforcement theories; (ii) the government’s expectations surrounding cooperation including whether the government could be more specific; and (iii) new players in the anti-corruption enforcement world.

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An FCPA Statistical Feast

By on January 24, 2020 in Year in Review 2019
Kid in Candy Store

If the Foreign Corrupt Practices Act is an area of your practice or interest, this post may make you feel like a kid in a candy store.

FCPA Professor has been the place to visit this month for in-depth 2019 FCPA 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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DOJ Individual Actions: The Strange Public – Private Divide

By on January 22, 2020 in DOJ Enforcement Action, FCPA Statistics, Individual Enforcement Action, Year in Review 2019
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This post highlighted certain facts and figures regarding the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2019 and historically.

As highlighted in the prior post, DOJ FCPA individual enforcement actions are significantly skewed by a small handful of enforcement actions and the reality is, despite the DOJ’s rhetoric, approximately 80% of DOJ corporate enforcement actions since 2006 have not (at least yet) resulted in any related DOJ FCPA charges against company employees.

Another very interesting and significant picture emerges when analyzing actual DOJ individual FCPA prosecutions based on whether the individual charged was employed by or otherwise associated with an issuer or a private business organization.

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A Focus On DOJ Individual Actions

By on January 21, 2020 in DOJ Enforcement Action, Edward Thiessen, Individual Enforcement Action, Larry Puckett, Year in Review 2019
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This recent post focused on SEC individual FCPA actions in 2019 and historically. Today’s post highlights certain facts and figures concerning the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act violations in 2019 and historically.

The key word above is FCPA violations.

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.

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