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Why You Should Be Alarmed by the ADM FCPA Enforcement Action

White Collar Crime Report, Vol 2., 2014

5 Pages Posted: 25 Jan 2014  

Mike Koehler

Southern Illinois University School of Law

Date Written: January 24, 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.

Keywords: FCPA, Foreign Corrupt Practices Act

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: https://ssrn.com/abstract=2383938

Mike Koehler (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

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