Over the course of 2014, the Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") have continued their aggressive enforcement of the Foreign Corrupt Practices Act ("FCPA"). This has led to critical developments in the law, important corporate settlements, and a heightened awareness of FCPA investigations and prosecutions. With massive fines and disgorgements levied at companies in the past year, companies conducting business across the globe must contend with the real stakes of an FCPA investigation.
This year also saw continued use of deferred prosecution agreements ("DPAs") as part of settlements, and enforcement of the terms of DPAs against companies that had previously settled with the DOJ or SEC. In October 2014, James Kukios, the senior deputy chief of the DOJ's Fraud Section told an audience at a New York panel that his department has "more prosecutors and more resources than . . . ever [ ] before" dedicated to FCPA enforcement, and that companies "should expect that FCPA prosecutions are going to remain vibrant, aggressive and appropriate." And of additional concern to companies facing the scrutiny of FCPA regulators, Mr. Kukios made one thing clear: "It's fair to assume that the penalty amounts are not going to be going down."
To assist our clients and friends with the broad landscape of the FPCA, discussed below are summaries of the major enforcement actions from 2014, as well as a continuation of our series of in-depth case studies of BRIC countries, this time regarding India. We are pleased to offer this Update and look forward to answering any questions or concerns you have about these significant developments to FCPA enforcement, compliance and defense.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.