Download this Paper Open PDF in Browser

Grading the Foreign Corrupt Practices Act Guidance

White Collar Crime Report, 7, 961, December 2012

8 Pages Posted: 14 Dec 2012  

Mike Koehler

Southern Illinois University School of Law

Date Written: December 13, 2012

Abstract

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

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

Mike Koehler (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

Paper statistics

Downloads
1,000
Rank
17,528
Abstract Views
4,060