Skip to main content

Matteson Ellis Discusses FCPA-Related Bribery Schemes in Brazil in Latinvex

"FCPA: Latin America Remains Hotbed of Cases"


Matteson Ellis discussed Latin America accounting for nearly half of all cases related to the U.S. Foreign Corrupt Practices Act (FCPA), with Brazil being the top country for the second year in a row. "If 2022 is any indication, we anticipate a considerable number of FCPA cases involving Latin America in 2023," Ellis said, adding that there are three principal factors driving an expectation for more FCPA enforcement activity involving Latin America: "First, enforcement officials at the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) seem to be empowered and keen on applying U.S. law to corrupt acts when U.S. jurisdiction can be established, no matter where in the world the corrupt conduct took place… Second, there is a sense that corruption risk is rising in Latin America… Third, many Latin American countries have experienced a slow and steady dismantling of the anti-corruption enforcement infrastructure built throughout the region during the 2010s." However, Ellis also predicted that in the near future, U.S. officials will likely be building these cases on their own, not with assistance from their local enforcement agency counterparts – a departure from previous close cooperation with officials in Brazil, Mexico, and Colombia.