An Examination of Foreign Corrupt Practices Act Issues
Richmond Journal of Global Law & Business Vol. 12:3 (2013)
76 Pages Posted: 27 Jul 2013
Date Written: July 26, 2013
Part I of this article provides an overview of FCPA enforcement in 2012 and discusses enforcement trends. Part II of this article identifies the top FCPA issues from 2012 and examines the following issues: (A) the wide gap between corporate and individual FCPA enforcement actions, relevant data points that help explain the gap, and recent setbacks when the Department of Justice is held to its burden of proof in individual actions; (B) the origins and prominence of a key FCPA enforcement theory that yielded a high percentage of FCPA enforcement actions in 2012; and (C) how substantively insignificant events in 2012 became top stories simply because they occurred. This examination of top FCPA issues should provide readers an informed base in analyzing enforcement trends, assessing enforcement agency rhetoric and policy positions, and in sifting through the mounds of information disseminated by FCPA Inc.
Keywords: FCPA, Foreign Corrupt Practices Act, Wal-Mart, Non-Prosecution Agreement, Deferred Prosecution Agreement
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