FCPA Enforcement Off to Slow Start, Firm Says
U.S. agencies’ enforcement of the Foreign Corrupt Practices Act is off to a “slow start” this year, although announcements could “accelerate through the year,” Miller & Chevalier said in its spring 2023 review of FCPA developments. The firm noted that companies are “continuing to evaluate questions” arising from recent DOJ policy changes affecting FCPA compliance, including when to disclose violations, how to manage employees’ use of personal devices and how much cooperation with the agency is required to minimize potential penalties (see 2301190031, 2303030056 and 2304050081). The firm noted DOJ officials have said “further guidance on how these policies will apply in specific facts and circumstances will come from the announcement of future dispositions.”
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The Miller & Chevalier review includes summaries of recent FCPA-related activity, including corporate enforcement actions, actions against individuals and U.S. court decisions. The review also describes international anti-corruption penalties and said companies should expect “further expansion of U.S. partners' capacity against illicit finance, increased participation in multilateral alliances against corruption, and continued funding to civil society initiatives to reduce the misuse of public funds.”