This recent article in Compliance Week titled “Biden Corruption Strategy Puts FCPA in Spotlight Overseas” begins: “Stamping out foreign bribery and corruption was seemingly not a priority for the Trump administration.”
Is Compliance Week so desperate for content that it does not even bother to fact check? Is the author lying, uniformed, or just plain oblivious to actual facts?
Regardless of the answer(s), the recent article (like so many others written in the last few years) is problematic, spins a narrative inconsistent with facts, and pollutes Foreign Corrupt Practices Act information.
Here are the facts.
During the Trump administration FCPA enforcement was above historical averages (see here for the prior post).
Core Corporate FCPA Enforcement Actions (2020-2010)
- 2020 12 $2.78 billion
- 2019 14 $2.65 billion
- 2018 17 $1 billion
- 2017 13 $1.1 billion
- 2016 27 $2.4 billion
- 2015 11 $139 billion
- 2014 10 $1.6 billion
- 2013 9 $720 million
- 2012 12 $260 million
- 2011 16 $503 million
- 2010 21 $1.4 billion
(With less than two weeks left in 2021, there have been 4 core corporate enforcement actions this year with approximately $260 million in settlement amounts).
As indicated by the above numbers, corporate FCPA enforcement in 2019 set an FCPA record in terms of overall settlement amounts only to be eclipsed the following year in 2020.
Individual FCPA enforcement by the DOJ was also above historical averages during the Trump administration.
- 2020 – 15 individuals
- 2019 – 26 individuals
- 2018 – 13 individuals
- 2017 – 18 individuals
- 2016 – 8 individuals
- 2015 – 8 individuals
- 2014 – 10 individuals
- 2013 – 12 individuals
- 2012 – 2 individuals
- 2011 – 10 individuals
- 2010 – 33 individuals (including 22 in the failed manufactured Africa Sting case)
(With less than two weeks left in 2021, there have been 5 individual FCPA enforcement actions brought or announced).
In terms of SEC enforcement of the FCPA against individuals, as highlighted in this recent post there has been no actions thus far this year and the current gap in individual enforcement is the longest in eight years.
