2011 Foreign Corrupt Practices Act Year in Review: Scrutiny, Reform, and Individual Prosecutions are Key Issues

White Collar Crime Report, Vol. 7, 2012

8 Pages Posted: 30 Jan 2012  

Mike Koehler

Southern Illinois University School of Law

Date Written: January 27, 2012

Abstract

For most of the Foreign Corrupt Practices Act's history, key decisions concerning its enforcement and direction were made behind closed doors around conference room tables in Washington, D.C. While many enforcement decisions and procedures remain opaque, 2011 witnessed the most intense year of public scrutiny in the FCPA's history.

This article, in addition to providing a brief overview of the 2011 enforcement year, details the scrutiny the FCPA was subjected to in the past year. This scrutiny reveals that as the FCPA nears its 35th year, basic legal and policy questions remain as to the purpose, scope, and effectiveness of the law.

Keywords: FCPA, Foreign Corrupt Practices Act, Voluntary Disclosures, Non-Prosecution Agreement, Deferred Prosecution Agreement

Suggested Citation

Koehler, Mike, 2011 Foreign Corrupt Practices Act Year in Review: Scrutiny, Reform, and Individual Prosecutions are Key Issues (January 27, 2012). White Collar Crime Report, Vol. 7, 2012. Available at SSRN: https://ssrn.com/abstract=1992616

Mike Koehler (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

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