In this article, the second of a two-part series, John Davis, Marc Bohn,* and Michael Skopets* further discuss evolving trends in Foreign Corrupt Practices Act (FCPA) enforcement. They write that the Securities and Exchange Commission (SEC) has entered into "more than twice as many corporate dispositions as the [Department of Justice] DOJ" since 2015, attributing this shift to "a strategic decision by the DOJ to reallocate internal agency resources toward larger, more complex corporate investigations and the pursuit of culpable executives, leaving the SEC in the driver’s seat for most lower-value corporate enforcement actions." The authors also 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 the increasingly high-value settlements that have emerged to date this year.

In "FCPA Enforcement on Near-Record Pace for 2016: Part 1," Davis, Bohn, and Skopets reviewed FCPA enforcement trends in 2016, with a focus on developments in the third quarter of the year and the impact of the DOJ's FCPA Pilot program.

*Former Miller & Chevalier attorney