Foreign Corrupt Practices Act (FCPA)

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Enacted in 1977, the Foreign Corrupt Practices Act (FCPA) makes it illegal for U.S. citizens, U.S. companies, and certain foreign companies to bribe a foreign government official in order to obtain or retain business. Since the FCPA was enacted, trade’s importance to the U.S. economy has significantly increased with exports now at approximately $2.5 trillion in 2018. Read More...

Unfortunately, the FCPA has not evolved to reflect these changes in the global economy. Despite the law’s good intentions, FCPA enforcement practices have created major uncertainty for American businesses who now face civil and criminal penalties for conduct they are either unaware of, or is the result of a single employee’s inappropriate actions.

The Department of Justice (DOJ) has put in place a new FCPA compliance program policy that rewards companies that develop and maintain compliance programs that are designed to deter and detect violations. Even further, the compliance program allows companies to disclose wrongdoings to potentially avoid criminal charges if reported in a timely manner.

ILR’s goal is to encourage other agencies to follow the DOJ’s example on compliance enforcement policies, and ensure that U.S. companies face greater certainty and predictability when it comes to complying with the FCPA.

01/01/2019

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All Results for Foreign Corrupt Practices Act (FCPA)

  1. In the News Today - May 30, 2017

    May 30, 2017 | News and Blog

    A trial set for this week "sets the stage for a judge to consider unique questions about the scope of the Foreign Corrupt Practices Act (FCPA) and other U.S. bribery laws." ... Read More

  2. Foreign Corrupt Practices Act Has "No Shortage of Challenges"

    May 17, 2017 | News and Blog

    The Foreign Corrupt Practices Act (FCPA) turns 40 this year and the "ambitious" attempt to deter corruption in international business dealings is "reviled by more than a few" writes Forbes.... Read More

  3. In the News Today - April 25, 2017

    April 25, 2017 | News and Blog

    Yesterday marks the start of the first bellwether trial over blood thinner Xarelto in New Orleans. Xarelto has "become the poster child for critics of unbridled plaintiffs' attorney advertising" because these ads invite meritless cases and the dire warnings put patients at risk by convincing them to stop taking their medications.... Read More

  4. In the News Today - April 21, 2017

    April 21, 2017 | News and Blog

    Trevor McFadden, Acting Principal Deputy Assistant Attorney General for the Department of Justice Criminal Division, said that prosecutors are "committed to wrapping up old Foreign Corrupt Practices Act cases and investigating new ones more quickly." ... Read More

  5. Largest FCPA Case in History Ends with $2.6 Billion Fine

    April 18, 2017 | News and Blog

    U.S. District Judge Raymond Dearie ordered Odebrecht, a Brazilian engineering company, to pay $2.6 billion to the governments of Brazil, the U.S., and Switzerland for violations of the Foreign Corrupt Practices Act (FCPA).... Read More

  6. Number of DOJ Declinations Sees "Notable Uptick" Following FCPA Pilot Program

    April 11, 2017 | News and Blog

    James Tillen and Marc Bohn from law firm Miller & Chevalier found that the Department of Justice's (DOJ) one-year enforcement "pilot program" aimed at promoting greater accountability for those who violate the U.S. Foreign Corrupt Practices Act has been accompanied by "a notable uptick in declinations by the department."... Read More

  7. In the News Today - October 27, 2016

    October 27, 2016 | News and Blog

    Lanny Breuer, former head of the U.S. Department of Justice's Criminal Division, said the DOJ's FCPA pilot programs makes "‘an extraordinary request' by mandating that companies seeking to have the government decline to bring a corruption case must ‘deconflict' and halt their own internal investigations of potential violations." ... Read More

  8. In the News Today - October 18, 2016

    October 18, 2016 | News and Blog

    In what Bob Conlin of NAVEX Global writes is "a remarkable affirmation of the value of robust compliance and due-diligence programs," the Securities and Exchange Commission (SEC) last month announced that it would not prosecute Harris Corporation for potential Foreign Corrupt Practices Act (FCPA) violations, even though the agency charged an officer of the company over FCPA allegations related to Chinese officials. ... Read More

  9. In the News Today - October 12, 2016

    October 12, 2016 | News and Blog

    The D.C. Circuit's ruling that the Consumer Financial Protection Bureau's (CFPB) structure is unconstitutional "is a triumph for democratic accountability and thus individual liberty as envisioned by America's founders," writes the Wall Street Journal editorial board.... Read More

  10. In the News Today - July 25, 2016

    July 25, 2016 | News and Blog

    The Minnesota Supreme Court's Advisory Committee on the Rules of Evidence is studying whether to shift from the Frye-Mack Standard for expert testimony to the Daubert Standard. ... Read More