White Collar Crime Report, 7, 961, December 2012
8 Pages Posted: 14 Dec 2012
Date Written: December 13, 2012
This article is a critical analysis of the Foreign Corrupt Practices Act Guidance released by the Department of Justice and Securities and Exchange Commission. Issues discussed in the article include the following: (i) the enforcement agencies' motivations in issuing the Guidance and the fact that it should have been issued years ago; (ii) the utility of the Guidance from an access-of-information perspective and how the Guidance can be used as a measuring stick for future enforcement agency activity; (iii) how the Guidance is an advocacy piece and not a well-balanced portrayal of the FCPA as it is replete with selective information, half-truths, and, worse information that is demonstratively false; (iv) how, despite the Guidance, much about FCPA enforcement remains opaque; and (v) how, despite the Guidance, FCPA reform remains a viable issue.
Keywords: FCPA, Foreign Corrupt Practices Act
Suggested Citation: Suggested Citation
Koehler, Mike, Grading the Foreign Corrupt Practices Act Guidance (December 13, 2012). White Collar Crime Report, 7, 961, December 2012. Available at SSRN: https://ssrn.com/abstract=2189072