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How the FCPA withstands the test of time

Jaclyn Jaeger | January 17, 2018

With the start of a new year and the Foreign Corrupt Practices Act 40 years strong, it seems like an opportune time to reflect on what FCPA enforcement trends have withstood, and likely will continue to withstand, the test of time.

Vigorous and aggressive enforcement. Because FCPA enforcement numbers themselves fluctuate year-to-year, discussing them is a moot point. Numbers aside, and even as enforcement personnel and priorities change one presidential administration to the next, FCPA enforcement has not only survived, it has arguably morphed into an untamed beast.

Over the years, the Department of Justice has adopted a markedly broad interpretation of both the FCPA itself and the law’s territorial jurisdiction, provoking increasing criticisms about enforcement overreach. But because FCPA corporate defendants typically opt to settle FCPA cases with the government rather than go through the time and expense of litigation, the government’s...

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