Marc Alain Bohn and Michael Skopets Discuss Third Quarter FCPA Enforcement Trends in Law360

"3rd Quarter Saw A Rise In FCPA Enforcement"
11.09.15In this article, Marc Alain Bohn and Michael Skopets discuss Foreign Corrupt Practices Act (FCPA) enforcement trends in the third quarter of 2015. Bohn and Skopets write that after the year's slow start, "the third quarter of 2015 saw a rise in resolved enforcement actions brought under the Foreign Corrupt Practices Act, with nearly double the number of FCPA actions brought during the first two quarters combined." The authors observe that "[n]otable aspects of this increase in enforcement are the steady stream of resolved corporate enforcement actions coming from the U.S. Securities and Exchange Commission, a lack of corresponding corporate enforcement by the U.S. Department of Justice and an uptick in resolved individual enforcement actions brought or unsealed by the DOJ." The article identifies a combination of factors contributing to the disparity in resolved corporate FCPA actions brought by each of the agencies, explaining that "[r]ecent agency pronouncements, such as the DOJ memorandum issued by Deputy Attorney General Sally Yates, indicate that the DOJ intends to continue this shift toward higher-stakes 'blockbuster' enforcement actions and the increased prosecution of individuals."
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