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This Week On FCPA Professor


FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

The Department of Justice has long wanted companies to voluntarily disclose conduct that implicates the FCPA. Yet as highlighted in this post, the DOJ has once again shot itself in the foot by making decisions that should result in any board member, audit committee member, or general counsel informed of current events not making the decision to voluntarily disclose.

As the FCPA nears its 40th anniversary, it is perhaps neither here nor there 40 years later whether Congress in enacting the law was motivated by altruistic, do-good intentions or selfish, foreign policy goals. But then again, it is important not to reinvent history or look at historical conduct through rose-colored glasses. Indeed, there are numerous accounts of history that ignore what really happened in favor of accounts that sound better. As highlighted in this post, selfish foreign policy reasons, not altruism, is why Congress enacted the FCPA In 1977.

Various FCPA at 40 Q&A’s are here.

Regarding the FCPA Guidance that was issued in 2012, this post highlights the rest of the story including for how years the DOJ ignored various calls to issue FCPA Guidance. It was only when the FCPA reform was gaining steam in 2010 and 2011 that the DOJ finally announced it would issue FCPA Guidance.

This post rounds up other recent FCPA or related developments.

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