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The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), prohibits American companies and their employees and agents from giving “anything of value” to “foreign officials” in order to obtain or retain business. Despite its more than 30-year history, there is vast disagreement and uncertainty about the meaning of many of the key provisions of the FCPA.
Coalition letter to Department of Justice Criminal Division Assistant Attorney General Lanny Breuer and Securities and Exchange Commission Director of Enforcement Robert Khuzami regarding enforcement of and forthcoming guidance for the Foreign Corrupt Practices Act (FCPA).
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.
Speech given by Stanley Sporkin at the 12th National Foreign Corrupt Practices Act Conference, held November 15-16, 2004.
Speech given at the ABA National Institute on the Foreign Corrupt Practices Act on October 16, 2006.
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 contains commentary and scholarship on the FCPA.
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 contains materials from the Department of Justice (DOJ) on the FCPA.
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. Provided below are resources on FCPA prosecution trends and case pages containing pleadings and summaries for certain major FCPA prosecutions.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Frederic Bourke Jr., United States v. Kozeny et al., No. 05-CR-518-SAS.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Gerald and Patricia Green, United States v. Gerald Green and Patricia Green, Cr. No. 08-59-GW.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Amaro Goncalves, United States v. Amaro Goncalves, et al., No. 09-CR-335-RJL.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Joel Esquenazi, United States v. Joel Esquenazi, et al., No. 09-21010-CR-JEM.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Stuart Carson, United States v. Stuart Carson, et al., No. 8:09-cr-00077-JVS.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Lindsey Manufacturing, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031-AHM.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellee.
