Skip to content

Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

Koehler: Individual Prosecutions Lag Corporate Settlements

Mike Koehler had a fascinating post on his FCPA Professor blog today. He did the math and found that in seventy-one percent of the FCPA enforcement actions against corporations since 2005, the DOJ didn’t charge any employees.

A year ago, we were looking for clues about how enforcement decisions are made, and whether corporate settlements might be replacing individual prosecutions. Using a slightly different approach, we found that for the past five years, more than sixty percent of the companies that settled had not yet had individual employees or agents charged with FCPA-related offenses.

Here’s Mike’s conclusion: “During this era of the FCPA’s resurgence, the DOJ has consistently stated that prosecution of individuals is a ‘cornerstone’ of its FCPA enforcement strategy. Yet, the above numbers paint a different picture – at least in certain enforcement actions.”

Prof Koehler said he’ll have more to say on the subject in upcoming posts.

Share this post

LinkedIn
Facebook
Twitter

Comments are closed for this article!