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Questions To Ponder

April 12, 2024

Do “many business leaders now appreciate that the FCPA offers them a measure of protection against foreign corruption.”?

This is a direct quote from the State Department’s recently released “National Action Plan on Responsible Business Conduct.” (See here).

There is no citation for this assertion and query what “measure of protection” even means?

The full context of the assertion is the following paragraph in the National Action Plan on Responsible Business Conduct.

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FCPA Institute – Zoom (April 23-25)

April 11, 2024

Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of professionals from around the world. The FCPA Institute began as an in-person event, but shifted to Zoom in 2020. The Zoom event is time and cost efficient and has resulted in greater participation from professionals from around the world.

The next FCPA Institute – Zoom will be offered on April 23-25 and consists of 9 hours of integrated and cohesive instruction (each day from 8:30-11:30 central) led by Professor Koehler, an FCPA expert with FCPA practice and teaching experience.

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Unraveling The Many Enforcement Actions Against Various Commodities Trading Companies And Individuals

April 10, 2024

A few hours after the DOJ announced a March 28th Foreign Corrupt Practices Act action against Trafigura (see here and here for prior posts) the DOJ also announced (what was increasingly becoming obvious over the last few years) that “its long-running investigation into international commodities trading companies that paid bribes to win business with state-owned and state-controlled oil companies in Latin America and Africa has resulted in six corporate resolutions, 20 convictions of individuals, and total fines, forfeitures, and other penalties of more than $1.7 billion.”

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Let’s Analyze This For A Bit

April 9, 2024

This recent Wall Street Journal article titled “DOJ Uncovering More Misconduct Through Self-Disclosure Program, Says Top Official” begins:

“More companies are choosing to voluntarily disclose misconduct to prosecutors after a policy revision last year that increased the potential benefits of doing so, a top Justice Department official said.

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The FOREIGN Corrupt Practices Act

April 8, 2024

The “Foreign” in Foreign Corrupt Practices Act refers to the location of the bribe recipient (as in “foreign,” non-U.S. officials).

However, the “Foreign” in Foreign Corrupt Practices Act might as well refer to the location of the bribe payor as well – in other words the location of the company resolving the FCPA enforcement.

This recent post highlighted that approximately 75% of DOJ corporate enforcement actions since 2021 have been against foreign companies.

What do the numbers show regarding SEC FCPA enforcement?

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