Foreign Corrupt Practices Act Enforcement and Related Developments

Abstract

This article, part of a continuing series of yearly analysis of Foreign Corrupt Practices Act enforcement and related developments, provides a detailed overview of quantitative and qualitative FCPA and related information and will be of value to anyone seeking to elevate their FCPA knowledge.

Section I of this article discusses how, similar to prior years in the FCPA’s modern era, 2018 was another year of robust FCPA enforcement against companies large and small and across industry sectors. In fact, 2018 was the third most active year in the FCPA’s forty-plus years in terms of the quantity of core corporate enforcement actions.

Section II of this article switches gears to discuss various qualitative FCPA enforcement issues including the long time periods associated with FCPA scrutiny, the general lack of judicial scrutiny of enforcement theories; the substantial gap between corporate and individual enforcement; how much of the largeness of FCPA enforcement is due to enforcement actions against foreign companies; and certain statutory interpretation issues.

Section III of this article highlights FCPA jurisprudence in 2018 and how courts rejected expansive enforcement theories as well as revisions to FCPA relevant enforcement agency policy as Trump administration officials settled into their positions.

Keywords: Foreign Corrupt Practices Act, FCPA