DOJ’s FCPA Guidance Protects US Companies, Fights Foreign Bribery
The Department of Justice’s updated guidelines for investigations and enforcement under the Foreign Corrupt Practices Act put to rest notions that the law will lie dormant for the foreseeable future.
The DOJ’s revised approach will focus on a more targeted and strategic use of investigative and enforcement resources, prioritizing holding particular individuals accountable and for corrupt conduct that harms US economic interests.
There are good reasons to commend this approach as more effectively incentivizing compliance and protecting US interests. Yet, by further deprioritizing the pursuit of criminal charges against the legal edifice of the “corporation,” the DOJ’s new approach bucks the international trend away from punishing individuals and toward punishing companies.
That may not be a bad thing.
Print and share
Authors
Notice
Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.