According to some false narratives, the DOJ is no longer prosecuting FCPA cases.
However, the DOJ is actively seeking trial attorneys for its FCPA Unit.
As stated in this recent DOJ job posting: “The Fraud Section is seeking qualified, experienced attorneys for Trial Attorney positions in the Market, Government, and Consumer Fraud Unit (MGC) and the Foreign Corrupt Practices Act (FCPA) Unit.”
The posting states:
“The FCPA Unit prosecutes complex foreign bribery and extortion cases and violations, and related violations such as money laundering offenses. It works closely with domestic regulators and law enforcement agencies and foreign authorities in investigating and prosecuting foreign corruption matters involving individuals and companies. In addition to prosecuting FCPA offenses, the Unit is also responsible for enforcing the recently passed Foreign Extortion Prevention Act (FEPA). In carrying out this mission, the Unit investigates and prosecutes all sides involved in bribery schemes, including bribe-paying executives and companies, money launderers, and foreign officials.”
Similar to prior DOJ FCPA Unit job postings, among the job duties would be advising on “legal complexities.”
In fact, the word “complex” is used eight times in the job posting.
The job posting also states that the incumbent will “advise[] and instruct[] Assistant U.S. Attorneys on complicated questions of law and Departmental policy with respect to financial fraud laws, the FCPA, or FEPA.”
These may be just words in a job posting, but the words are notable and an important acknowledgment by the DOJ that the Foreign Corrupt Practices Act is not a simple, straight forward statute as some (including the DOJ) often portray it to be.
