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 breaking news and cutting edge developments on the FCPA.  

2015 News & Press

FBI beefs up resources against foreign corruption,” PBS, January 14, 2015.

Report: Fewer FCPA Settlements, But They Cost More,” Corporate Counsel, January 9, 2015.

DOJ Enforcement of the FCPA - Year In Review,” FCPA Professor, January 8, 2015. [post on the first enforcement action of 2015]

2014 News & Press

"Alstom to Pay Record $772 Million in U.S. Bribery Settlement," Bloomberg Businessweek, December 22, 2014.

"Issues To Consider From the Avon Enforcement Action,"FCPA Professor, December 22, 2014 [Avon Investigation Timeline].

"OECD Studies Global Anti-Bribery Enforcement for First Time," The Wall Street Journal Law Blog, December, 2, 2014.

"Supreme Court Declines to Rule on Landmark FCPA Case, U.S. v. Esquenazi," by Laura El-Sabaawi, American Trade & Manufacturing Blog (Wiley Rein), October 7, 2014

"The Gray Cloud of FCPA Scrutiny Simply Lasts Too Long," FCPA Professor, September 9, 2014.

Continue reading below

"Esquenazi and Rodriguez file petition for Supreme Court review," The FCPA Blog, August 15, 2014.

"France Sees Double Standard in U.S. Prosecution of BNP, but Justice Is Weak," The New York Times Dealbook, June 18, 2014.

"Appeals Court Clarifies Who Counts as a Foreign Official under the FCPA," The Wall Street Journal Law Blog, May 16, 2014.

"11th Circuit Affirms Esquenazi/Rodriguez Convictions - Defines 'Instrumentality'," FCPA Professor, May 16, 2014.

Continue reading below

Featured Products

"Criminal FCPA Cases - Targeting Individuals," Corporate Compliance Insights, May 14, 2014.

"The Ever-Expanding Jurisdiction in FCPA Cases," Corporate Counsel, January 24, 2014.

"Alcoa to Pay $384 Million to Settle Bribery Charges," The New York Times, January 9, 2014.

2013 Year-End FCPA Update, Gibson Dunn, January 6, 2014.

2013 News & Press

"Law 2014: In White Collar Crime, It's Deja Vu All Over Again," The Wall Street Journal Law Blog, December 31, 2013. 

"Firm Charged With Defying Sanctions Settles With U.S.," The New York Times, November 27, 2013.

"French court clarifies foreign bribery law, but restricts it," The FCPA Blog, October 14, 2013.

"Federal Appeals Court Addresses Landmark FCPA Case," Compliance Week, October 11, 2013.

"The Foreign Bribery Law Comes to Wall Street," The New York Times Dealbook, May 8, 2013.

"Ralph Lauren Case Shows the Benefits of Cooperation," The New York Times Dealbook, April 29, 2013.

"U.S. Said to Look Into Microsoft Bribery Allegations," The New York Times, March 19, 2013.

"U.S. Looked at Wall Street Journal Over Claims of Bribery," The New York Times, March 17, 2013.

"Dealing With the Foreign Corrupt Practices Act," The New York Times Dealbook, March 4, 2013.

"U.S. Chamber of Commerce Pushes for Further FCPA Clarity and Reforms," Compliance Week, February 20, 2013.

2012 News & Press

"Highlights from the Long-Awaited FCPA Guidance," The Wall Street Journal Law Blog, November 14, 2012.

"Justice Dept. Issues Guidance on Overseas Bribes," The New York Times, November 14, 2012.

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

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. 

Assistant Attorney General Breuer's Remarks at IBC Legal's World Bribery & Corruption Compliance Forum, October 23, 2012 (pdf)

"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.

"Historic 'Foreign Official' Appeals Filed," FCPA Professor, May 10, 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.

NACDL Press Release, NACDL Plays Important Role in Summit with Senior Law Enforcement Officials Concerning Foreign Corrupt Practices Act, April 11, 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.

"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]

"Judge Dismisses Landmark Bribery Conviction, Rips DOJ," The Wall Street Journal, December 1, 2011. [Related story on Government’s appeal] 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 and related story]

"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 (PDF)

"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," Global Investigations Review, 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.