Abstract

http://ssrn.com/abstract=2383938
 


 



Why You Should Be Alarmed by the ADM FCPA Enforcement Action


Mike Koehler


Southern Illinois University School of Law

January 24, 2014

White Collar Crime Report, Vol 2., 2014

Abstract:     
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.

Number of Pages in PDF File: 5

Keywords: FCPA, Foreign Corrupt Practices Act

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Date posted: January 25, 2014  

Suggested Citation

Koehler, Mike, Why You Should Be Alarmed by the ADM FCPA Enforcement Action (January 24, 2014). White Collar Crime Report, Vol 2., 2014. Available at SSRN: http://ssrn.com/abstract=2383938

Contact Information

Mike Koehler (Contact Author)
Southern Illinois University School of Law ( email )
1150 Douglas Drive
Carbondale, IL 62901-6804
United States
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