James Tillen comments on the recent Bourke conviction, which underscores the importance of a strong compliance program. Since conspiracy to violate the FCPA (unlike a substantive FCPA violation) is an ongoing offense, the statute of limitations does not run until the last overt act in the conspiracy is committed. That means companies could face extended legal exposure from historical misconduct, says Tillen. The evidentiary burden is also lower, “so it may be used more and more by the government against both companies and individuals,” he warns.