The FCPA enforcement picture in 2015 will be dynamic. Recent blockbuster actions like the DOJ’s record-breaking $772 million settlement with Alstom and aggressive statements of late by FCPA enforcement officials foreshadow a 2015 in which the U.S. Government’s approach to transnational bribery will be anything but relaxed. In particular, companies and businesspeople should watch for the following trends:
More Actions. Enforcement officials make clear that companies should expect continued prioritization of FCPA cases. Senior Deputy Chief of the DOJ Criminal Division’s Fraud Section James Koukios said in October 2014, “It’s fair to assume that the penalty amounts are not goi... Read more
Over the last four years, at ACI’s winter International Conference on the FCPA, enforcement officials have repeatedly placed special emphasis on two specific compliance areas: risk assessments and monitoring.
To be sure, these officials have discussed many of the essential elements of an effective anti-corruption compliance program, including tone from the top, internal reporting mechanisms, trainings, and third party due diligence (FCPAméricas has posted summaries from 2011, 2012, 2013... Read more
There is a lot of talk in Latin America these days about the FCPA. People throughout the region see investigation after investigation and settlement after settlement including companies and individuals from the region. They are asking more questions about the law, such as — How can Latin Americans be subject to a U.S. law? Here are five ways that U.S. authorities can assert jurisdiction over non-U.S. companies and individuals under the FCPA’s anti-bribery provisions:Issuers (15 U.S.C. Sec. 78dd-1). The FCPA applies to Latin American companies that... Read more