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Reading Assignment For All Executive Officers: The Mace Enforcement Action

The recent Foreign Corrupt Practices Act enforcement action against Anthony Mace [1] (the former CEO of SBM Offshore) is a must read

FCPA lawyers should send this post to their clients. In-house counsel and other compliance professionals should send this post to their executive officers and the Mace enforcement action should make its way into FCPA training and communications.

For starters, criminal FCPA enforcement actions against large company employees are unusual. (As highlighted in this prior post [2], the vast majority of individual criminal FCPA enforcement actions are against persons associated with small, privately held business organizations).

Criminal FCPA enforcement actions against high-level executives are even more unusual. (The vast majority of individual criminal FCPA enforcement actions are against sales employees and agents).

Criminal FCPA enforcement actions against high-level executives based on schemes devised before the executive assumed their position in which the executive acted with reckless disregard / conscious avoidance are even more unusual.

[3]

Yet, these were the salient features of the Mace enforcement action.

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