In this article, John Davis and Jacqueline Ferrand* discuss the current period of aggressive enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) that has produced corporate fines in the hundreds of millions of dollars and jail terms for executives. Perhaps the most intimidating prospect for companies has been the requirement in some cases that companies appoint (and finance the activities of) an independent compliance monitor.  However, recent FCPA dispositions have signaled a possible move away from the use of such monitors toward requirements that companies self-police and report directly to government agencies on FCPA-related issues.

*Former Miller & Chevalier attorney