Foreign Corrupt Practices Act Enforcement and Related Developments

66 Pages Posted: 13 May 2019

See all articles by Mike Koehler

Mike Koehler

Southern Illinois University School of Law

Date Written: April 14, 2019


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

Suggested Citation

Koehler, Mike, Foreign Corrupt Practices Act Enforcement and Related Developments (April 14, 2019). Mississippi Law Journal, Forthcoming, Available at SSRN:

Mike Koehler (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics