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?

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.

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.