Skip to main content

James Tillen and Daniel Patrick Wendt Discuss 2023 FCPA Enforcement Developments in Anti-Corruption Report

"Coming Year's FCPA Enforcement Developments Build on Eventful 2023"

Anti-Corruption Report

James Tillen and Daniel Patrick Wendt comment in The Anti-Corruption Report with their perspectives on anti-corruption enforcement trends as 2023 gives way to 2024. The authors highlighted developments within the Department of Justice‚Äôs (DOJ) Foreign Corrupt Practices Act (FCPA) unit, expressing the need for companies to remain proactive and vigilant in their compliance efforts. "Companies should be prepared for the fact that U.S. authorities and their counterparts could improve their effectiveness in discovering, investigating and resolving corruption matters," Tillen said. "Companies will need to ensure [they have] coordinated defense counsel teams in multiple jurisdictions and be prepared for dealing with different legal systems," he explained.  

The authors also discussed the DOJ's strategic use of data analytics and tech to prompt investigations. "Companies should be aware that the DOJ is using data analytics to develop cases," Wendt said. "They already know that the DOJ can develop cases from press reports, whistleblowers or collaboration with other authorities. Now, problematic transactions might get on the radar of the DOJ, for example, if third parties involved make suspicious transactions that trigger the DOJ's interest," he said.