To paraphrase Mark Twain, reports of the FCPA's death were greatly exaggerated. Although at times many pillars of anti-corruption enforcement seemed to be crumbling or at least showing cracks, 2013 has seen a string of developments that reinforce that anti-bribery laws — and their vigorous enforcement — are here to stay.
Hughes Hubbard's FCPA/Anti-Bribery Alert Winter 2013 discusses various developments in the anti-bribery regulatory environment. This Alert begins with a summary and analysis of certain critical enforcement trends and lessons from recent settlements and other related developments. Following that analysis and a detailed discussion of the FCPA Resource Guide, the Alert provides: (i) a brief discussion of the statutory requirements of, and penalties under, the FCPA; (ii) a description of FCPA settlements and criminal matters from 2005 through 2013 in reverse chronological order; (iii) an overview of the Bribery Act, together with recent developments and enforcement actions in the United Kingdom; (iv) a review of select international developments; (v) an overview of other FCPA-related developments; and (vi) a summary of each DOJ Review and Opinion Procedure Release issued from 1980-present.
The combination of resolved actions, ongoing criminal and regulatory investigations, guidance issued by regulatory authorities, DOJ Opinion Procedure Releases, and other developments discussed in the report underscore a number of important themes of which companies should be aware in conducting their operations, designing and implementing their compliance programs, considering whether to enter into potential transactions or to affiliate with an international agent, intermediary or joint venture partner, and dealing with government agencies. These themes take the form of both enforcement trends and practice lessons.
Source: Hughes Hubbard & Reed LLP