Category Archives: FCPA

Subscribe to FCPA RSS Feed

China Beefs Up Its Anti-Bribery Law With Its Very Own Version Of The FCPA

By John M. Hynes Companies doing business in the People’s Republic of China (“PRC”) have yet another path to potential criminal liability. On February 25, 2011, the PRC legislature passed 49 amendments to the PRC Criminal Law. One such amendment – Amendment No. 8 of the PRC Criminal Law – criminalizes the payment of bribes to non-PRC … Continue Reading

2010 FCPA Year In Review

By Bethany Hengsbach and Anthony Moshirnia Through enforcement, administrative action, and new legislation, the Foreign Corrupt Practices Act (“FCPA”) grew additional muscle and even sharper teeth in 2010.  The U.S. government assessed nearly $2 billion in FCPA-related penalties and fines in 2010, and announced eight of the top ten FCPA settlements of all time.  … Continue Reading

U.K.’s Sweeping Anti-Corruption Legislation Increases Risk For Businesses

By Bethany Hengsbach The United Kingdom’s answer to the Foreign Corrupt Practices Act (“FCPA”) has arrived.  The UK Bribery Act 2010, which received Royal Assent on April 8, 2010, is both stricter and broader than the FCPA.  The U.K. Ministry of Justice announced on July 23, 2010 that the implementation of the Act will be … Continue Reading

Whistleblower Provision Likely To Increase FCPA Risk

By Bethany Hengsbach Primarily as a result of the recent dramatic increase in the U.S. government’s enforcement effort, the Foreign Corrupt Practices Act (“FCPA”) has received a great deal of attention of late. The financial reform legislation signed by President Obama on July 21, 2010 adds an incentive that will likely further increase the dangers posed … Continue Reading

The Long Arm Of The Crown: New U.K. Anti-Bribery Law Reaches Private Sector Bribery And Creates Offence Of “Failing To Prevent” Bribery

By Neil Ray The U.K. Bribery Act 2010 (the “Act”) represents a fundamental reform of the U.K. anti-bribery regime and greatly expands the potential legal exposure of companies and individuals that do business, including practice of a trade or profession, in the U.K. For example, it criminalizes purely private bribery with no involvement of a government … Continue Reading

Proposed Whistleblower Provision Could Dramatically Increase FCPA Risk

By Bethany Hengsbach An often-overlooked provision in the financial reform legislation now before Congress would allow employee whistleblowers to receive a reward of up to 30% of the fines collected by the U.S. Securities and Exchange Commission (“SEC”) and the U.S. Department of Justice (“DOJ”) from corporations who violate the Foreign Corrupt Practices Act (“FCPA”). We … Continue Reading

Sheppard Mullin to Host FCPA Seminar

The recent explosion in Foreign Corrupt Practices Act ("FCPA") enforcement has made headlines of late, with three articles in the Wall Street Journal alone during the week of April 12th. Numerous multi-million dollar settlements and indictments of individuals demonstrate that no company with any international presence is beyond the reach of the statute.  … Continue Reading

A New Approach To FCPA Enforcement – Can The FCA Be Far Behind?

2010 is promising to be a banner year for enforcement of the Foreign Corrupt Practices Act ("FCPA"). In mid-January of this year, the DOJ unsealed sixteen indictments charging twenty-two individuals with violations of the FCPA’s anti-bribery provisions. A few weeks later, in early February, British defense industry giant, BAE Systems plc ("BAE"), announced that it would plead … Continue Reading


Recent trends demonstrate that virtually every industry is vulnerable to potential liability under the Foreign Corrupt Practices Act (FCPA) and global Anti-Bribery Conventions. Moreover, regulators are increasingly conducting both industry-wide reviews and global investigations of targeted organizations. The recent indictments of twenty-two individuals in the military equipment industry demonstrate that, regardless of size, any company … Continue Reading

You Just Can’t Bribe People Like You Use To . . . (Or, More Seriously, DOJ Investigation Signals A New Era in FCPA Enforcement)

On January 19, 2010, the Department of Justice (“DOJ”) unsealed sixteen indictments charging twenty-two individuals with violations of the Foreign Corrupt Practices Act (“FCPA”), allegedly arising from schemes to bribe foreign government officials. The DOJ also announced that, in connection with the indictments, the FBI had executed fourteen search warrants across the U.S., and the City … Continue Reading

FCPA Conviction Provides Cautionary Warning Regarding Anti-Corruption Due Diligence

On July 10, 2009 a federal jury in New York convicted Frederic Bourke, co-founder of handbag maker Dooney & Bourke, of conspiring to violate the Foreign Corrupt Practices Act ("FCPA"). The conviction is significant for the two FCPA enforcement trends it highlights. First, the prosecution of Mr. Bourke demonstrates that both the U.S. Department of Justice and … Continue Reading

Do We Have An FCPA Problem?

A Dozen Questions to Ask Are you an issuer, US person or US entity? Have any foreign agents or subsidiaries? Are you a foreign person or company whose transactions touch the US? Promised or paid anything of value to a foreign official (governmental, political, NGO) for business purposes? Did you or a third party know … Continue Reading