In case you missed it, 2009 was full of FCPA enforcement actions and trials. The Department of Justice and Securities and Exchange Commission worked hand in hand over the past year bringing actions for FCPA violations. They set a record by bringing more FCPA prosecutions during 2009 than in any prior year in the FCPA’s history.
To pull it all together, the law firm of Gibson, Dunn & Crutcher LLP put together a 2009 Year-End FCPA Update.
This update provides an overview of the FCPA and a survey of FCPA enforcement activities during 2009. It also analyzes recent enforcement trends and offers practical guidance to help companies and their executives avoid or minimize liability under the FCPA.
They also claim that there are over 100 FCPA investigations pending at the Justice Department, and “a robust stock of FCPA matters” under investigation at the SEC.
Mike Koehler takes issue with some of the numbers. But you can’t argue with the success of FCPA actions over the past year. Success breed success. In response the DOJ and SEC have organized special groups to focus on FCPA violations. I expect that we will continue to see more activity in this area.
References:
- 2009 Year-End FCPA Update by Gibson, Dunn & Crutcher LLP
- A Post-Holiday Stocking Stuffer by Mike Koehler on the FCPA Professor
- New Report: FCPA Enforcement Booming Like Never Before By Alison Frankel for The AmLaw Litigation Daily
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