Let’s be perfectly clear about something right up front: Foreign Corrupt Practices Act enforcement activity is alive and well, and that’s not expected to abate under this administration.
FCPA enforcement numbers themselves fluctuate year-over-year. Enforcement personnel and priorities change administration to administration. But for any ethics and compliance officer to wrongly conclude that anti-corruption compliance and ethical decision making shouldn’t continue to be a priority would be a fool’s errand.
“It would be a mistake to conclude from all of this that somehow there is going to be a sea change in the enforcement environment,” says David Simon, a partner at law firm Foley & Lardner. “I don’t think that’s true.” If any changes occur, they more likely will take the form of amendments to the FCPA, such as the inclusion of an affirmative defense based on the existence of an effective compliance program, he says.
Speculation about the FCPA began to... To get the full story, subscribe now.