Foreign Corrupt Practices Act 

FCPA Pilot Program Sheds New Light on the Value of Self-Disclosure

On April 5, the DOJ issued a Pilot Program that provides its latest  answer to a critical question in FCPA practice: What benefits does a company receive for self-reporting potential FCPA violations?

Pharmaceutical Industry Under U.S. Anti-Corruption Regulatory Spotlight

At the annual “SEC Speaks” conference on February 19, 2016 in Washington, DC, the head of the SEC’s FCPA Unit, Kara Brockmeyer, warned pharmaceutical companies that their industry will be under renewed scrutiny in 2016.  She said the SEC “is going back to the pharma industry after a break for a period of years.”  Brockmeyer also highlighted increased international cooperation that will make government enforcement easier going forward.

Casting a Wider Net: Conspiracy Charges In Foreign Corrupt Practices Act Cases

Prosecutors in the U.S. have a longstanding practice of utilizing conspiracy charges to expand the scope and jurisdictional reach of the Foreign Corrupt Practices Act (FCPA), particularly with respect to its anti-bribery provisions. While aspects of this practice have been subject to recent court scrutiny, this article discusses how conspiracy charges continue to assist the government in overcoming the myriad legal obstacles to establishing a substantive FCPA violation.

Preventing FCPA Violations by your International Consultants, Representatives and Distributors

US companies and others subject to jurisdiction under the Foreign Corrupt Practices Act (FCPA) can be held vicariously liable for an FCPA violation committed on their behalf or at their direction by third parties. In fact, most enforcement actions brought by the US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) under the FCPA involve third parties.

In a noteworthy trend picked-up by Trace International’s Global Enforcement Report, in 2014 non-U.S. enforcement actions concerning bribery of foreign officials outpaced U.S. enforcement actions for the first time.  The widely held perception has been that only the United States enforces its anticorruption laws.  The recently released report indicates enforcement by overseas regulators is on the rise, doubling since 2012, beginning to match the past decade of heightened enforcement of the U.S. Foreign Corrupt Practices Act.

OECD’s Foreign Bribery Report released: Three-fourths of cases involved intermediaries

The Organization for Economic Cooperation and Development (OECD) on December 2, 2014 released its first-ever analysis of anti-bribery on a global scale. 427 transnational bribery cases that occurred between February 1999 and June 2014 were reviewed. Read the key findings in this article.

Dealing With The Increased FCPA Risk For Defense Contractors

This article discusses the new increased FCPA risks that defense contractors face because of the huge shift in this industry.