The Foreign Corrupt Practices Act in a New Era

The Foreign Corrupt Practices Act in a New Era

Mike Koehler

The Foreign Corrupt Practices Act (FCPA) has emerged as a top concern for companies doing business in the global marketplace. This book is the first of its kind given its comprehensive and provocative coverage of the FCPA and its many related legal and policy issues.

Chapter 6: Reasons for the increase in FCPA enforcement

Mike Koehler

Subjects: law - academic, corporate law and governance, corruption and economic crime, criminal law and justice, regulation and governance

Extract

That FCPA enforcement has increased in this new era begs the question why? This chapter offers several practical and provocative reasons for the increase in FCPA enforcement. Practical reasons highlighted include that there is more international business than ever before, the introduction of NPAs and DPAs to the FCPA context, and the impact another law - Sarbanes Oxley - has had on FCPA enforcement. A provocative reason highlighted is that many believe FCPA enforcement has increased because it is lucrative for the government. In addition, one of the effects of this new era of FCPA enforcement has been the emergence of a thriving and vibrant anti-bribery complex called FCPA Inc., and the issue will be explored whether FCPA Inc. itself is one of the reasons for the increase in FCPA enforcement and scrutiny. Even though FCPA enforcement has trended upward during this new era, enforcement statistics need to be viewed in the proper context. This chapter concludes by placing FCPA enforcement statistics in the proper perspective and demonstrating that the FCPA is not nearly the boogeyman it is often portrayed to be.

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