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Historically, November has witnessed numerous Foreign Corrupt Practices Act enforcement actions and related developments and this post dips into the archives to highlight some of those developments.

In November 2020, the OECD released its Phase 4 Report of the United State’s implementation of the OECD Anti-Bribery Convention … in effect a review of the FCPA, its enforcement, and related issues. (See here). Like prior OECD reports, the Phase 4 report loudly praised the U.S. for its high level of enforcement, yet criticized and questioned many of the policies, enforcement theories and resolution vehicles which yield that high level of enforcement.

In November 2019, Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom) was found guilty of FCPA and related offenses “for his role in a multi-year, multimillion-dollar foreign bribery scheme and a related money laundering scheme.” (See here). However, a few months later the trial judge granted Hoskins’ motion for acquittal on all FCPA charges. (See here for the prior post).

As highlighted here, in November 2018 the DOJ announced an FCPA and related enforcement action against individuals associated with Goldman Sachs in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company. The individuals were also charged with conspiring to launder billions of dollars embezzled from 1MDB.

In November 2018 the DOJ also announced a “China Initiative” and among the ten specifically identified components of the initiative was the following: “identify Foreign Corrupt Practices Act (FCPA) cases involving Chinese companies that compete with American businesses.” (See here).

In November 2017 the DOJ announced an “FCPA Corporate Enforcement Policy” and this post went in-depth into the “CEP.”

As highlighted here, in November 2016 the DOJ and SEC announced a $202.6 million FCPA enforcement action against J.P. Morgan (and a related entity) based on its alleged improper hiring and internship practices that the U.S. government labeled bribery and corruption.

In November 2012, the DOJ and SEC released “A Resource Guide to the U.S. Foreign Corrupt Practices Act” (the so-called FCPA Guidance).(See here and here).

In November 2010, the Senate held a hearing titled “Examining Enforcement of the Foreign Corrupt Practices Act.” (See here for the full hearing transcript, here for the video).

Also in November 2010, the DOJ and SEC announced related enforcement actions against 13 separate entities that largely centered on the use of freight forwarder Panalpina. (See here). The so-called “Customs Gate” enforcement actions principally focused on customs and related payments in Nigeria, but also including alleged improper conduct in numerous other countries.

Also in November 2010, the DOJ’s then Assistant Attorney General of the Criminal Division stated “we are in a new era of FCPA enforcement; and we are here to stay.” (See here).

As highlighted here, in November 2009 then Attorney General Eric Holder spoke at an international conference and one of the three “critical steps” he spoke of was that nations should work together to ensure is that “corrupt officials do not retain the illicit proceeds of their corruption.” This generally marked the beginning of the DOJ’s so-called Kleptocracy Asset Recovery Initiative.











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