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Avoiding FCPA Liability with a Robust Compliance Program
With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.
Last year, the Department of Justice (DOJ) brought a record 26 enforcement actions under the FCPA. The Securities and Exchange Commission (SEC) had its second busiest year for FCPA enforcement, with 14 actions, and has created a specialized unit devoted solely to FCPA investigations. Corporate fines have reached record levels ' $1.6 billion in global penalties in the case of Siemens A.G., and $579 million in penalties against Halliburton/KBR.
In a marked departure from the past, many of the recent prosecutions have been aimed at corporate executives as well as their companies, sending a pointed message that the corporate veil provides no protection. “Prosecution of individuals is a cornerstone of our enforcement strategy,” Lanny Breuer, Assistant Attorney General of DOJ's Criminal Division, proclaimed recently. “Put simply, the prospect of significant prison sentences for individuals should make clear to every corporate executive, every board member, and every sales agent that we will seek to hold you personally accountable for FCPA violations.”
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