FCPA Professor LLC

Described as “the Wall Street Journal concerning all things FCPA-related,” and "the most authoritative source for those seeking to understand and apply the FCPA," FCPA Professor has been named a Top Law Blog for in-house counsel by Corporate Counsel, a Top 25 Business Law Blog by LexisNexis, and a top 100 Legal Blog by the American Bar Association. FCPA Professor readers include a world-wide audience of attorneys, business and compliance professionals, government agencies, scholars and students, journalists and other interested persons.

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This recent post focused on SEC individual FCPA actions in 2020 and historically. Today’s post highlights various facts and figures regarding the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2020 and historically. The key word above is FCPA offenses. Some in the FCPA space include enforcement actions containing non-FCPA charges (often money laundering charges against alleged “foreign officials”) related to an FCPA enforcement action as an individual FCPA enforcement action. While it is fine to…
Some Foreign Corrupt Practices Act enforcement actions slip through the cracks. The mid-December 2020 enforcement action against Jorge Luz and his son Bruno Luz in connection with the Sargeant Marine enforcement action (see here and here for prior posts) appears to be one such action as the DOJ never issued a press release and the actions are not even mentioned on the DOJ’s FCPA website. The Sargeant Marine enforcement action concerned conduct in Brazil,…
As highlighted in this post, 17 companies have resolved FCPA enforcement actions – not once – but twice. Eight of these instances have occurred since 2017. Note: this post uses the term repeat offender to mean a business organization that has resolved more than one FCPA enforcement action regardless of which agency (DOJ or SEC) brought the enforcement action; regardless of the form of resolution (plea agreement, NPA, DPA, administrative order, etc.) and regardless of whether…
A “foreign official.” Without one, there can be no FCPA anti-bribery violation (civil or criminal).  Who were the alleged “foreign officials” of 2020? This post highlights the alleged “foreign officials” from 2020 corporate DOJ and SEC FCPA enforcement actions. There were 12 core FCPA enforcement actions in 2020. Of the 12 actions, 100 (83%) involved, in whole or in part, employees of alleged state-owned or state-controlled entities (“SOEs). By way of comparison: In 2019, 57% of…
The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor. This FCPA Flash podcast episode is a conversation with Philip Urofsky (Shearman & Sterling and former DOJ FCPA prosecutor). Recently, the firm issued it always information “Recent Trends and Patterns in Enforcement of the FCPA” and…
FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.” Set forth below are the topics discussed this week on FCPA Professor. As highlighted here, Deutsche Bank joined the FCPA repeat offender club by resolving a second enforcement action in just 16 months. Continuing with 2020 FCPA statistics, this posts highlights various facts and figures from…
In 2019 Lawrence Hoskins was found guilty of FCPA and related charges in a long-running enforcement action (the FCPA conduct Hoskins was found guilty of allegedly occurred between 2002 and 2004). As highlighted in this prior post, in early 2020 the trial court judge granted Hoskins’s motion of acquittal on all FCPA charges (the issue was highly factual and generally focused on whether Hoskins was an agent of a “domestic concern.”). Rather than let go…
As highlighted in this post, like prior years (see hereherehere and here) much of the largeness of 2020 FCPA enforcement resulted from corporate enforcement actions against foreign companies. Specifically, of the 12 corporate Foreign Corrupt Practices Act enforcement actions in 2020, 5 (42%) were against foreign companies (based in many instances on mere listing of securities on U.S. markets or in a few instances on sparse allegations of a U.S.…
This recent post highlighted SEC Foreign Corrupt Practices Act enforcement against issuers in 2020. Today’s post focuses on the other FCPA enforcement agency – the Department of Justice – and highlights various facts and figures relevant to DOJ FCPA enforcement in 2020 against business organizations. (See here for a similar post from 2019; here for a similar post from 2018; here from 2017, here from 2016, here from 2015, here from 2014, here from 2013, …
This FCPA Blog post asserts “Companies are now paying an average of half a billion dollars to settle FCPA enforcement actions.” This is absolute bullsh*t. More FCPA fake news. Set forth below are the actual FCPA settlement amounts from 2020 corporate enforcement actions. Goldman Sachs ($1.6 billion) Novartis ($347 million) Airbus ($294 million) J&F ($155 million) Herbalife ($123 million) Vitol ($90 million) Eni ($24.5 million) World Acceptance ($21.7 million) Alexion ($21.5 million) Beam ($19.6 million)…