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DOJ FCPA Enforcement – 2021 Year In Review

By on January 12, 2022 in FCPA Statistics, Year in Review 2021
DOJ

This recent post highlighted SEC Foreign Corrupt Practices Act enforcement against issuers in 2021.

Today’s post focuses on the other FCPA enforcement agency – the Department of Justice – and highlights various facts and figures relevant to DOJ FCPA enforcement in 2021 against business organizations. (See here for a similar post from 2020; here for a similar post from 2019; here for a similar post from 2018; here from 2017, here from 2016, here from 2015, here from 2014, here from 2013, here from 2012, here from 2011, and here from 2010).

Compared to prior years, certain of the year in review statistics below (like many from 2021) are less than enlightening given the small number of corporate enforcement actions in 2021.

Settlement Amounts and Specifics

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FCPA Enforcement Actions Against Foreign Companies From OECD Convention Peer Countries

By on January 11, 2022 in FCPA Statistics, OECD, Year in Review 2021
Globe

As highlighted in this post, like prior years (see here, here, here, here and here) much of the largeness of 2021 FCPA enforcement resulted from corporate enforcement actions against foreign companies.

Specifically, of the four corporate Foreign Corrupt Practices Act enforcement actions in 2021, four (100%) 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 $259 million in FCPA settlement amounts from 2021 corporate enforcement actions, $259 million (100%) was from enforcement actions against foreign companies.

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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The “Foreign Officials” Of 2021

By on January 10, 2022 in FCPA Statistics, Foreign Official, Foreign Officials, Year in Review 2021
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 2021?

This post highlights the alleged “foreign officials” from 2021 corporate DOJ and SEC FCPA enforcement actions. Compared to prior years, this year in review statistic (like many from 2021) is less than enlightening given the small number of corporate enforcement actions in 2021.

There were four core FCPA enforcement actions in 2021. Of the four actions, three (75%) involved, in whole or in part, employees of alleged state-owned or state-controlled entities (“SOEs).

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A Focus On SEC Individual Actions

By on January 7, 2022 in FCPA Statistics, Individual Enforcement Action, SEC, Year in Review 2021
SEC

This previous post highlighted various facts and figures from 2021 SEC FCPA enforcement actions against issuers.

This post focuses on SEC FCPA individual actions – both in 2021 and historically.

Like the DOJ, the SEC frequently speaks in lofty rhetoric concerning its focus on holding individuals accountable under the FCPA.

As highlighted here, in 2021 the SEC’s Chairman stated: “Accountability — whether individual or institutional — is an important part of the SEC’s enforcement agenda. We’ll use all of the tools in our toolkit to investigate wrongdoing and hold bad actors accountable …”.

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SEC FCPA Enforcement – 2021 Year In Review

By on January 6, 2022 in FCPA Statistics, SEC, Year in Review 2021
SEC

Foreign Corrupt Practices Act enforcement, it’s not just about the DOJ.

Granted, as a civil enforcement agency the SEC’s sticks are less sharp than the DOJ’s, but the SEC also claims a significant piece of the FCPA enforcement pie (query whether it should – but that is a subject for another day – for instance as discussed in “The Story of the Foreign Corrupt Practices Act” the SEC wanted no part in enforcing the FCPA’s anti-bribery provisions and in recent years an SEC Commissioner stated that anti-corruption policy is not within the SEC’s area of expertise nor further to the SEC’s mission – see here).

This post goes in-depth into various facts and figures relevant to SEC FCPA enforcement in 2021. Compared to prior years, this year in review post and the statistics therein (like many from 2021) are less than enlightening given the small number of corporate enforcement actions in 2021.

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