In 2013, twelve companies paid $731.1 million to resolve FCPA cases (that includes IBM’s $10 million settlement from 2011 that received final court approval in 2013). Two of the twelve corporate actions — Total SA and Weatherford — landed in the top ten FCPA cases of all time.… Continue Reading
There were four FCPA corporate enforcement actions during the first quarter of the year (we lump parent and subsidiary companies together). That’s a normal amount of activity. In both 2011 and 2010, there were also four corporate actions during the same period.… Continue Reading
The CEOs, CFOs, COOs and Chief Compliance Officers we meet with are well aware of the FCPA and are working to put in place compliance programs to keep their companies on the right side of the law, but they are not terribly concerned about their own personal exposures.… Continue Reading
Since the start of 2008, 58 companies (by our count) have settled FCPA-related enforcement actions with the DOJ or SEC or both. Together they paid $3.74 billion in penalties, disgorgement, and interest — an average of $64.5 million per enforcement action.… Continue Reading
During the calendar quarter just ended, there were three corporate enforcement actions and two individual convictions. A defendant received one of the FCPA’s longest jail sentences, the DOJ released three new FCPA-related indictments, and prosecutors dropped the appeal of a short FCPA prison term.… Continue Reading
A few years ago, after a dozen or so enterprising law students asked me what FCPA-related topics were ripe for research, I answered with a post on the FCPA Blog.
My suggestions included: (1) respondeat superior—the legal doctrine imputing to corporate employers the criminal acts of employees; (2) the sad state of the Department of Justice’s Opinion Procedure Releases; and (3) the confusing condition of the FCPA’s promotional-expenses affirmative defense.… Continue Reading