Matt Reinhard discusses recent FCPA developments, including increasing challenges to government enforcement. "You're starting to see the government's theories in terms of the scope and extent of the law tested in front of a judiciary, and you're starting to see the government's practices examined," said Reinhard. "For a long time, the FCPA was what the Department of Justice said it was," Reinhard said. "Now there's at least some part of the judiciary that's looking critically at these cases."
Reinhard also comments on the new charges against eight former Siemens executives, three years after the government settled with the company, saying it may prove a pattern in which first the government settles with the company, then it goes after individuals within it. "I think that proves a likely model because it allows the government to continue to reap the benefit of settlements of large multinationals," said Reinhard, noting that this method of entering into settlements, then bringing charges, gives the government an advantage. "They are in a position where the corporation itself has done much of the legwork to build a case against the individuals."