Foreign Corrupt Practices Act Statistics, Theories, Policies, and Beyond

Abstract

The Foreign Corrupt Practices Act is not a new law, it was enacted in 1977. Nevertheless, 2015 was a commemorative year as it marked the fifth anniversary of the Department of Justice declaring a “new era” of FCPA enforcement; the fifth anniversary of Congressional FCPA reform hearings; and the third anniversary of the Department of Justice and Securities and Exchange Commission issuing FCPA guidance. In addition to these mileposts, 2015 was also a notable year in several other respects and that is the focus of this article.

This article, part of an annual series, paints a picture of FCPA and related developments from 2015. Specifically, this article dissects FCPA enforcement in a number of ways and highlights meaningful statistics from 2015 as well as historical comparisons. Thereafter, this article discusses a range of noteworthy issues from 2015 such as: expansive and evolving FCPA enforcement theories; judicial scrutiny of FCPA and related enforcement theories; policy pronouncements and developments relevant to FCPA issues; and developments beyond the FCPA that nevertheless touch upon FCPA issues or are otherwise relevant to a similar space.

Keywords: FCPA, Foreign Corrupt Practices Act