I am pleased to share my new article recently published by Bloomberg BNA’s White Collar Crime Report titled “Why You Should Be Alarmed By The ADM FCPA Enforcement Action.”
The abstract is as follows.
“Like all statutes, the Foreign Corrupt Practices Act has specific elements that must be met in order for there to be a violation. However, with increasing frequency in this new era of FCPA enforcement, it appears that the Department of Justice and the Securities and Exchange Commission have transformed FCPA enforcement into a free-for-all in which any conduct the enforcement agencies find objectionable is fair game to extract a multimillion-dollar settlement from a risk-averse corporation. A case in point is the recent $54 million FCPA enforcement action against Archer Daniels Midland Co. (ADM) and related entities. After discussing the principal features of this enforcement action – namely that ADM and its shareholders were victims of a corrupt Ukraine government – this article highlights why anyone who values the rule of law should be alarmed by the ADM enforcement action.”