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This Is Why FCPA Inc. Needs A Common Language

By on February 1, 2021 in FCPA Inc., Year in Review 2020
confusion

For years, these pages have highlighted the need for a Foreign Corrupt Practices Act common language as to the basic question of “what is an FCPA enforcement action?” (See here, here, here, here).

This article titled “A Common Language to Remedy Distorted FCPA Enforcement Statistics” exposes in detailed fashion various distorted FCPA enforcement statistics. As highlighted in the article, the absence of a FCPA common language has numerous negative effects including infecting nearly all FCPA enforcement statistics.

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An FCPA Statistical Feast

By on January 26, 2021 in Year in Review 2020
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 2020 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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A Focus On DOJ Individual Actions

By on January 22, 2021 in Individual Enforcement Action, Uncategorized, Year in Review 2020
jail

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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The “Foreign Officials” Of 2020

By on January 19, 2021 in Foreign Official, Foreign Officials, Year in Review 2020
foreign official2

A “foreign official.”

Without one, there can be no FCPA anti-bribery violation (civil or criminal).  Who were the alleged “foreign officials” of 2020?

This post highlights the alleged “foreign officials” from 2020 corporate DOJ and SEC FCPA enforcement actions.

There were 12 core FCPA enforcement actions in 2020. Of the 12 actions, 100 (83%) involved, in whole or in part, employees of alleged state-owned or state-controlled entities (“SOEs).

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FCPA Enforcement Actions Against Foreign Companies From OECD Convention Peer Countries

By on January 14, 2021 in OECD, Year in Review 2020
Globe

As highlighted in this post, like prior years (see here, here, here and here) much of the largeness of 2020 FCPA enforcement resulted from corporate enforcement actions against foreign companies.

Specifically, of the 12 corporate Foreign Corrupt Practices Act enforcement actions in 2020, 5 (42%) were against foreign companies (based in many instances on mere listing of securities on U.S. markets or in a few instances on sparse allegations of a U.S. nexus in furtherance of a bribery scheme). Of the net approximate $2.78 billion in FCPA settlement amounts from 2020 corporate enforcement actions, approximately $910.5 million (33%) was from enforcement actions against foreign companies. (Note: the record setting $1.26 billion FCPA enforcement action against U.S. company Goldman Sachs significantly reduced this number from prior years).

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