Publications

The Foreign Corrupt Practices Act: Recent Cases and Enforcement Trends

December 20, 2007
Journal of Investment Compliance

Abstract

 

Purpose – The purpose of this article is to explain recent enforcement trends under the Foreign Corrupt Practices Act (FCPA), providing examples of recent cases.

 

Design/methodology/approach – The paper describes recent trends in FCPA enforcement, including increased enforcement by US authorities, greater vigilance by private industry, and global anti-corruption efforts. It provides an overview of the FCPA, including the original reason why the Act was passed, its anti-bribery provisions, the need to show corrupt intent, the interstate commerce requirement, exceptions and affirmative defenses, record-keeping and control provisions, and penalties. It describes recent FCPA prosecutions and enforcement actions and draws conclusions on how to reduce FCPA risk.