I recently spent some time on the DOJ’s FCPA Website and looked at all “Enforcement Actions” involving individuals from 2018 to the present.
Many of the separately listed “Enforcement Actions” involve multiple individual defendants and some individual enforcement actions are listed in more than one year.
By my estimation though, the DOJ’s FCPA website – from 2018 to the present – contains information about 175 individuals and set forth below are some interesting statistics.
- 80 of the 175 “Enforcement Actions” actually involved situations in which an individual was charged with either a substantive FCPA offense or conspiracy to violate the FCPA. In other words, “only” approximately 45% of individual “Enforcement Actions” on the DOJ’s FCPA website involve actual FCPA charges.
- The other approximate 55% of the “Enforcement Actions” on the DOJ’s FCPA Website are non-FCPA offenses in connection with alleged foreign bribery schemes – more often than not conspiracy to commit money laundering and money laundering with a few “other” offenses (such as mail and wire fraud, visa fraud, interstate travel in connection with racketeering, and tax offenses).
- Of the 95 “Enforcement Actions” involving non-FCPA offenses, 39 “Enforcement Actions” (in other words approximately 40% of the non-FCPA offenses) involve criminal charges against alleged “foreign officials” (nearly always for money laundering and/or money laundering conspiracy.
- An astounding 65 of the 175 “Enforcement Actions” (37%) involve just one country: Venezuela
- Another 28 of the 175 “Enforcement Actions” (16%) involve Ecuador
- In other words, 53% of individual “Enforcement Actions” on the DOJ’s FCPA website since 2018 concern only two countries: Venezuela and Ecuador.
