If you have any interest in Foreign Corrupt Practices Act enforcement you must read an article recently published by the Rutgers Law Review titled “A Common Language to Remedy Distorted FCPA Enforcement Statistics” (click here to download the article).
In the article, you will learn how various FCPA Inc. participants have adopted creative and haphazard counting methods that infect the quality and reliability of FCPA enforcement and related statistics of interest to many in the legal and business communities.
Are these creative counting methods that yield higher FCPA enforcement statistics part of a deliberate business strategy by certain FCPA Inc. participants to make FCPA enforcement appear more robust than it actually is to generate more business? That is for you to decide.
In the article, you will learn how the lack of an FCPA common language has several negative effects including the quality of FCPA lawyering, the quality of empirical FCPA research, and the quality of FCPA reporting by the media.
Regarding the later, it must be recognized that much FCPA media reporting is done by FCPA Inc. participants themselves in search of convenient hooks to sell their own FCPA-related compliance products or services. In short, many FCPA media sources have – just like the FCPA Inc. participants providing the original enforcement statistics – a vested business interest in making FCPA enforcement appear more robust than it actually is and the result is an FCPA “echo chamber” of sorts.
In the article, you will learn how a proposed FCPA common language can improve the quality and reliability of FCPA statistics and thus allow a more cogent conversation to take place regarding FCPA issues.
In short, read the article and decide for yourself whether FCPA Inc. needs more exacting standards. (See this Wall Street Journal Risk and Compliance Journal article for additional information).