Marc Bohn Quoted on Industry Trends in Recent Enforcement Actions in Pink Sheet

"Sanofi FCPA Settlement Follows Drought In Pharma Foreign Bribery Cases"

Pink Sheet


Marc Bohn was quoted on trends in Foreign Corrupt Practices Act (FCPA) enforcement, particularly relating to the pharmaceutical industry. Bohn said the enforcement agencies' focus on particular industries can be cyclical, and while there may not be as many newly opened cases involving a specific sector over a certain period, this doesn't mean that there is not ongoing scrutiny. He added that the number of known investigations initiated since the change in administrations remains relatively high, with around 30 new investigations disclosed last year. Bohn also characterized the U.S. Department of Justice's (DOJ's) new FCPA corporate enforcement policy, which offers the presumption of a declination for companies that voluntarily disclose FCPA-related misconduct, as a significant development. "Over the past year, the DOJ appears to be taking a less aggressive posture on borderline cases and closing investigations if it is arguable whether all the elements of a criminal violation have been satisfied," he said.