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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

The FCPA isn’t red or blue

We now know who will be the next President of the United States. We also know that as far as the FCPA is concerned, the outcome of yesterday’s election probably didn’t matter.  And this is to the credit of the agencies that enforce it.

The FCPA defies partisanship. It was enacted under a Democratic presidential administration (Jimmy Carter, 1977) with a very enthusiastic signing statement from the President. The historic ramp-up in enforcement occurred under a Republican administration — George W. Bush, during his first term. When we moved back to a Democratic administration with President Obama, FCPA enforcement hardly missed a beat. Party has seemed not to matter.

For those of us who talk publicly about the FCPA, we know the quizzical looks when we  explain that the statute was brought out of dormancy by a Republican president. And how many times have practitioners taken questions about how a change in administration will impact their practice? These questions force us to explain that the FCPA somehow, for some reason, is different.  

Perhaps readers of the FCPA Blog felt that with this election, the fate of the country hung in the balance. But however true that may or may not be, the fate of the FCPA plainly did not. And maybe all Americans, winners and losers of this election alike, can be proud of it.

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Andy Spalding is a senior editor of the FCPA Blog.

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