In this article, the first in a two-part series, John Davis, Marc Bohn,* and Michael Skopets* review Foreign Corrupt Practices Act (FCPA) enforcement by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) in 2016 to date, focusing on the third quarter of the year. "The SEC and DOJ have resolved 39 enforcement actions under the FCPA through October of this year, already exceeding their combined annual totals for every year since 2010," according to the authors. Notably, "the DOJ has maintained its focus on pursuing more complex and high-value cases and culpable corporate executives, leaving the SEC to handle most smaller-value cases alone." The article also outlines recent FCPA enforcement trends, highlighting the continued focus on China and the impact of the DOJ's FCPA pilot program.

In "FCPA Enforcement on Near-Record Pace for 2016: Part 2," Davis, Bohn, and Skopets review and discuss the "historically large percentage of parallel enforcement actions entered into by both agencies," the use of declinations in the FCPA context, and increasingly high-value settlements that have emerged to date.

*Former Miller & Chevalier attorney