FCPA News & Press

The FCPA is emblematic of the serious problem of overcriminalization. While it seeks to prevent and redress serious misconduct, its language and application have led to unintended consequences. Many organizations, from both the left and the right, are now calling for some much-needed commonsense reform of the statute, particularly reforms that will strengthen its mens rea requirements and bring clarity, uniformity and fairness to its enforcement.  This page is a vehicle to keep you informed of news coverage and press developments on the FCPA.

NEW! NACDL News Release: "DOJ and SEC Issue Non-Binding 'Guidance' on Foreign Corrupt Practices Act Enforcement," Nov. 14, 2012.

NEW! DOJ and SEC FCPA Guidance (pdf), Guidance Fact Sheet (pdf) and DOJ Statement on the Release of the Guidance, DOJ Justice News, November 14, 2012. 

NEW! Assistant Attorney General Breuer's Remarks at IBC Legal's World Bribery & Corruption Compliance Forum (html) (pdf)

2012 News & Press

"As U.S. Waits for FCPA Guidance, UK Bribery Act Gets an Update," by Catherine Dunn, Corporate Counsel, October 10, 2012.

"Of Note From the Tyco Enforcement Action," FCPA Professor, September 27, 2012.

When Governments Undermine Antibribery Compliance Efforts,” Compliance Insider, Sept. 7, 2012.

Corporate Anticorruption Compliance by the Numbers,” Corporate Counsel, August 28, 2012.

FCPA Compliance Hinges on the Tricky Definition of ‘Foreign Official’,” Corporate Counsel, August 27, 2012.

Should Companies Turn Themselves in for FCPA Violations?Corporate Counsel, August 24, 2012.

The Good and Bad News in a Review of FCPA Enforcement and Trends,” Corporate Counsel¸ August 3, 2012.

Informant in FCPA Sting Case Sentenced to 18 Months in Prison,” The BLT: The Blog of LegalTimes, July 31, 2012.

The Increasing Importance of Antibribery Compliance for Nonprofits,” Compliance Insider, July 13, 2012.

Reducing Corporate FCPA Exposure,” The Recorder, July 2, 2012.

"The Big Three FCPA Lessons from the Morgan Stanley Case," Corporate Counsel, June 14, 2012.

"Government Dismisses Lindsey Manufacturing Case Appeal," White Collar Crime Prof Blog, May 25, 2012.

7 Ways to Build Credibility During Government FCPA Investigations,” Corporate Counsel, May 25, 2012.

"'Foreign Official' Challenge Reaches 11th Circuit," The Wall Street Journal, May 10, 2012.

"Forecasting the Future of FCPA Enforcement," Corporate Counsel, May 9, 2012.

"Wrangling over anti-bribery law rages on, with top firms facing investigation," The Washington Post, May 8, 2012.

 "Great Expectations for the Forthcoming FCPA Guidance," Corporate Counsel, April 20, 2012.

"FCPA Enforcement—Potential for Reform or More of the Same?," Corporate Counsel, April 4, 2012.

"Double Jeopardy and the New World of Antibribery Laws," Corporate Counsel, March 12, 2012.

"Hits, and Misses, in a War on Bribery," The New York Times, March 10, 2012.

"Agency Officials Say Feds Remain Committed to FCPA Enforcement," The BLT: The Blog of LegalTimes, March 8, 2012.

"U.S. Chamber and NACDL Ask DOJ and SEC for Clear Guidance on FCPA Compliance," Corporate Counsel, February 23, 2012.

Coalition Letter to the Department of Justice and the Securities & Exchange Commission on "Guidance Concerning the Foreign Corrupt Practices Act," February 21, 2012.

"The FCPA Fiasco: Pressure Tactics In Corruption Cases Backfiring," Forbes, January 17, 2012.

"Foreign Bribery Defendants May Fight More as Cases Falter," Bloomberg Businessweek, January 13, 2012.

"2011 Was a Banner Year for FCPA Enforcements and Trials," Corporate Counsel, January 6, 2012. [Additional Analysis from Mike Koehler here and here]

2011 News & Press

"How to Keep Your Company Off of the Government's Naughty List," Corporate Counsel, December 23, 2011. 

Government Misconduct in FCPA Prosecution May Impact Other Cases,” The National Law Journal, December 9, 2011. [Related story here]

"Judge Dismisses Landmark Bribery Conviction, Rips DOJ," The Wall Street Journal, December 1, 2011. [Related story on Government’s appeal here] Visit the Lindsey Mfr. Case webpage for more.

"How To Calculate How Much The Bribe Was Worth," The Wall Street Journal, November 28, 2011.

"In First U.K. Bribery Act Sentencing, Former Court Clerk Handed 6-Year Term," Legal Week, November 23, 2011.

"DOJ Plans New Guidance On Foreign Bribery Enforcement," The BLT: The Blog of LegalTimes, November 8, 2011. [See AAG Breuer’s speech here and related story here]

"Study Finds Top Corporate Officials Are Often FCPA Targets," Wall Street Journal, October 5, 2011.

"From the Experts: Secret Agents Causing FCPA Violations," Corporate Counsel, September 30, 2011.

"In Carson Case, DOJ Agrees 'Foreign Official' Knowledge Is Required," FCPA Blog, September 27, 2011. Visit the Carson Case webpage for more.

"In FCPA Sting Case, Prosecutors Revise Discovery Process," The BLT: The Blog of LegalTimes, August 25, 2011.  Visit the Goncalves Case webpage for more.

"Declinations During the FCPA Boom," Bloomberg Law Reports, 2011

"Busy Times in Three Key FCPA Cases: Lindsey Manufacturing, Carson and the 'Sting' Case," Securities Law Blog, July 27, 2011.

"News Corp. Hires FCPA Expert," The Wall Street Journal Law Blog, July 19, 2011.

"10 Big FCPA Compliance Tips for Small Legal Departments," Corporate Counsel, June 27, 2011. 

"Summer Reading For Representative Conyers," FCPA Professor Blog, June 23, 2011.

"Sensenbrenner Will Introduce FCPA Bill," The Wall Street Journal, June 14, 2011.

NACDL Press Release, Criminal Defense Bar Urges Congress to Reform FCPA, June 14, 2011.

"KPMG Survey Shows Companies Taking Step to Fight Bribery, Corruption," Corporate Counsel, June 2, 2011.

"FCPA Trials Reach New Heights In 2011," Law360, May 10, 2011.

"Trend Watch: Foreign Bribery Actions Doubled Last Year," Corporate Counsel, April 12, 2011. [See recent major FCPA DPAs here and here] 

"U.K. Bribery Act to Finally Take Effect in July," The American Lawyer, March 31, 2011. [UK Ministry of Justice News Release here and more coverage here and here]

"SEC: Wall Street, Meet the FCPA," The Wall Street Journal LawBlog, January 14, 2011. [Additional coverage here and here]

News & Press from 2010 and Earlier

"U.S. Chamber of Commerce Calls for Reform of FCPA," Main Justice, October 27, 2010.

"DOJ, FBI Investigation Manuals Sought in FCPA Case," The BLT: The Blog of Legal Times, September 7, 2010.

"Is the FCPA Standing in the Way of Haiti's Recovery?" The Wall Street Journal Law Blog, March 16, 2010.

"The FCPA: A Key Enforcement Priority Here and Abroad," Securities Docket, July 6, 2009.

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