John Davis discusses whether executives charged with FCPA violations may be encouraged to fight charges in light of two significant courtroom setbacks for government prosecutors. One of the biggest hurdles prosecutors face is to prove knowledge and intent, Davis said. Since many foreign bribery cases turn on payments that are handled through middlemen, prosecutors often need to rely on circumstantial evidence that executives knew bribes were paid, Davis said.
"They probably have had more successes than failures," Davis said of the Justice Department's FCPA unit. "They're still very committed to charging individuals because of the deterrent effect."