A Summer Update on FCPA: Part 1



In this article, Marc Alain Bohn and Michael Skopets provide a detailed overview of recent developments under the Foreign Corrupt Practices Act (FCPA). "Notwithstanding the slowdown in resolved enforcement actions since President Donald Trump's inauguration, we are seeing few indications of how the change in administrations might be affecting the government's approach to enforcing the FCPA, in part because all of the enforcement actions resolved since inauguration day were initiated months or even years earlier," Bohn and Skopets wrote. The authors added that a continuing rise in declinations and an increase in newly initiated FCPA investigations nonetheless suggests "that while the agencies might have become more selective in the cases they choose to prosecute . . . they remain focused on enforcing potential misconduct under the FCPA more generally." Thus far, the third quarter of 2017 has seen an increase in FCPA activity, with resolved enforcement actions against one corporation and three individuals in July alone, as compared to the second quarter, which saw only one enforcement action. The article reviews all the recent enforcement actions and declinations, and covers two judicial decisions with important consequences for FCPA enforcement: Kokesh v. SEC and Lucia v. SEC. Click here to view Part 2 of this two-part series.