A practical guide to FCPA enforcement actions (US)
Produced in partnership with Jeremy Kanarek, Amanda Raad, Tina Yu and Susan Zhu of Ropes & Gray
A practical guide to FCPA enforcement actions (US)

The following Corporate Crime guidance note Produced in partnership with Jeremy Kanarek, Amanda Raad, Tina Yu and Susan Zhu of Ropes & Gray provides comprehensive and up to date legal information covering:

  • A practical guide to FCPA enforcement actions (US)
  • FCPA enforcement authorities—DOJ and SEC
  • International cooperation in FCPA enforcement
  • Means of disposal—criminal proceedings, negotiated Resolutions (NPAs and DPAs), declinations and civil proceedings
  • Negotiated resolutions—civil context
  • SEC termination letters
  • FCPA Pilot Program and the FCPA Corporate Enforcement Policy
  • Acquisition-related enforcement actions and successor liability
  • Trends in enforcement

The US Foreign Corrupt Practices Act of 1977 (FCPA) is part of US federal law, which prohibits corrupt payments to or for foreign public officials. It is, therefore, the US equivalent of the Bribery Act 2010 (BA 2010) (and preceding UK legislation) dealing with bribery and corruption 'though there are important differences between the two laws'.

For more information on the FCPA, consider Practice Notes: FCPA—who it applies to and what it prohibits (US) and The Foreign Corrupt Practices Act—background (US).

To understand the similarities and differences between the US FCPA and the UK Bribery Act 2010, see Practice Notes: The US Foreign Corrupt Practices Act and the UK Bribery Act 2010 compared and The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table.

Corporates with a transatlantic presence and their individual employees could face both simultaneous investigations for breaches of the FCPA and BA 2010 and simultaneous enforcement actions. This Practice Note considers the key issues which arise during enforcement for breaches of the FCPA and provides practical insight for practitioners dealing with the US enforcement authorities.

FCPA enforcement authorities—DOJ and SEC

The US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have joint authority to enforce the FCPA violations and can and do conduct parallel investigations of the same subject. For further information