For at least 15 years the government has encouraged business organizations to voluntary disclosure conduct that may violate the Foreign Corrupt Practices Act.
But what do the numbers show? What percentage of DOJ and SEC enforcement actions are the result of a voluntary disclosure?
This post provides the answers.
DOJ
Since 2011, there has been 98 corporate DOJ FCPA enforcement actions and 40 (41%) were the result of a voluntary disclosure.
- 3 of the 7 corporate DOJ enforcement actions from 2023, (43%) were the result of a voluntary disclosure;
- 3 of the 7 corporate DOJ enforcement actions from 2022, (43%) were the result of a voluntary disclosure;
- 0 of the 2 corporate DOJ enforcement actions from 2021, (0%) were the result of a voluntary disclosure;
- 1 of the 8 corporate DOJ enforcement actions from 2020, (13%) were the result of a voluntary disclosure.
- 3 of the 8 corporate DOJ enforcement actions from 2019 (37%) were the result of a voluntary disclosure;
- 2 of the 8 corporate DOJ enforcement actions from 2018 (25%) were the result of a voluntary disclosure;
- 3 of the 9 corporate DOJ enforcement actions from 2017 (33%) were the result of a voluntary disclosure;
- 5 of the 13 corporate DOJ enforcement actions from 2016 (38%) were the result of a voluntary disclosure;
- 1 of the 2 corporate DOJ enforcement actions from 2015 (50%) were the result of a voluntary disclosure;
- 2 of the 7 corporate DOJ enforcement actions from 2014 (29%) were the result of a voluntary disclosure;
- 4 of the 7 corporate DOJ enforcement actions from 2013 (57%) were the result of a voluntary disclosure;
- 5 of the 9 corporate DOJ enforcement actions from 2012 (56%) were the result of a voluntary disclosure; and
- 8 of the 11 corporate DOJ enforcement actions from 2011 (73%) were the result of a voluntary disclosure;
SEC
Since 2011, there has been 131 corporate SEC FCPA enforcement actions and 58 (44%) were the result of a voluntary disclosure.
- 6 of the 9 corporate SEC enforcement actions from 2023, (67%) were result of a voluntary disclosure;
- 3 of the 7 corporate SEC enforcement actions from 2022, (43%) were the result of voluntary disclosure;
- 0 of the 4 corporate SEC enforcement actions from 2021, (0%) were the result of a voluntary disclosure;
- 3 of the 8 corporate SEC enforcement actions from 2020, (38%) were the result of voluntary disclosure;
- 6 of the 13 corporate SEC enforcement actions from 2019, (46%) were the result of a voluntary disclosure;
- 6 of the 14 corporate SEC enforcement actions from 2018, (43%) were the result of a voluntary disclosure;
- 1 of the 7 corporate SEC enforcement actions from 2017, (14%) was the result of a voluntary disclosure;
- 8 of the 24 corporate SEC enforcement actions from 2016, (33%) were the result of a voluntary disclosure;
- 3 of the 9 corporate SEC enforcement actions from 2015, (33%) were the result of a voluntary disclosure;
- 4 of the 7 corporate SEC enforcement actions from 2014, (57%) were the result of a voluntary disclosure;
- 3 of the 8 corporate SEC enforcement actions in 2013, (38%) were the result of a voluntary disclosure;
- 4 of the 8 corporate SEC enforcement actions in 2012 (50%) were the result of a voluntary disclosure; and
- 11 of the 13 corporate SEC enforcement actions in 2011 (85%) were the result of a voluntary disclosure.
