The amount of false Foreign Corrupt Practices Act information in the public domain is troubling.
Including by individuals who portray themselves as FCPA experts.
For instance, this post published on November 21st states: “The Justice Department’s record of FCPA enforcement in 2024 has been disappointing. With all of the hoopla and pronouncements surrounding the global war against corruption, DOJ suggested that enforcement in 2023 and 2024 would be robust. Instead, 2024 was a year of fizzles, fits and starts, and ultimately a slow year of FCPA enforcement.”
Even with approximately five weeks remaining in 2024 (including the traditional robust end of year time period), DOJ FCPA enforcement this year is generally at or above historical averages.
Thus far in 2024, there have been 7 DOJ corporate enforcement actions.
Compare this to the number of DOJ corporate FCPA enforcement actions over the past ten years.
- in 2023 the DOJ brought 7 corporate enforcement actions;
- in 2022 the DOJ brought 7 corporate enforcement actions;
- in 2021 the DOJ brought 2 corporate enforcement actions;
- in 2020 the DOJ brought 8 corporate enforcement actions;
- in 2019 the DOJ brought 8 corporate enforcement actions;
- in 2018 the DOJ brought 8 corporate enforcement actions;
- in 2017 the DOJ brought 9 corporate enforcement actions;
- in 2016 the DOJ brought 13 corporate enforcement actions;
- in 2015 the DOJ brought 2 corporate enforcement actions;
- in 2014 the DOJ brought 7 corporate enforcement actions;
- in 2013 the DOJ brought 7 corporate enforcement actions;
Thus far in 2024, the DOJ has announced FCPA enforcement actions against 11 individuals.
Compare this to the number of DOJ individual FCPA enforcement actions over the past ten years.
- 2023 – 8 individuals
- 2022 – 9 individuals
- 2021 – 10 individuals
- 2020 – 15 individuals
- 2019 – 26 individuals
- 2018 – 13 individuals
- 2017 – 18 individuals
- 2015 – 18 individuals
- 2014 – 10 individuals
- 2013 – 12 individuals
As these historical numbers clearly demonstrate, it is simply false to assert that 2024 has been a “slow year” for FCPA enforcement compared to historical averages.
And remember there are approximately five weeks remaining in 2024 (including the traditional robust end of year time period).
