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New Bumps and Tolls Along the Road to FCPA Settlements
Nothing succeeds like success, and the Foreign Corruption Practices Act (FCPA) is no exception. Settlements have moved from hundreds of thousands of dollars in the early 2000s to hundreds of millions in 2008. This statute, once a footnote to the Watergate Era reforms, is now a main focus of concern for U.S. businesses.
The FCPA has gained new priority and fire power. The Department of Justice (DOJ) says it's now “second only to fighting terrorism in terms of priority,” and the SEC has created a specialized FCPA unit. Meanwhile, other countries have joined in, bringing a new dynamic to FCPA corporate counseling and defense.
Foreign governments have used the FCPA as the model for their legislation and, until recently, seemed happy to let the DOJ and SEC serve as the world's corruption police. But when they saw DOJ's mega-settlements, they decided to claim a piece of the action. Fair enough ' if only the DOJ (like the Europeans) would avoid “international double jeopardy.” Instead, while DOJ watches what its foreign counterparts are doing, “that doesn't necessarily mean we are going to defer to that jurisdiction,” says DOJ's FCPA supervisor, Deputy Chief Mark Mendelsohn.
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