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Our Summer 2024 #FCPA Review is out! Please review for summaries of enforcement actions (only actions against individuals this quarter), policy and legislative updates, and international developments. #anticorruption #FCPA #antibribery

What do the recent Foreign Corrupt Practices Act court cases and legislative changes surrounding the Foreign Extortion Prevention Act mean for your business? Womble Bond Dickinson (US) LLP's Luke Cass and Joe Whitley outline these updates and highlight what businesses should keep in mind to be proactive in their compliance efforts. #FCPA #FEPA #compliance

How will the election of Donald J. Trump as President of the United States impact enforcement of the Foreign Corrupt Practices Act (FCPA)? Which companies resolved FCPA cases with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC)? Find out the answers to these questions and more in MoFo’s latest roundup of the top 10 international anti-corruption developments: https://gag.gl/sYCAKF

How will the election of Donald J. Trump as President of the United States impact enforcement of the Foreign Corrupt Practices Act (FCPA)? Which companies resolved FCPA cases with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC)? Find out the answers to these questions and more in MoFo’s latest roundup of the top 10 international anti-corruption developments: https://gag.gl/sYCAKF

How will the election of Donald J. Trump as President of the United States impact enforcement of the Foreign Corrupt Practices Act (FCPA)? Which companies resolved FCPA cases with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC)? Find out the answers to these questions and more in MoFo’s latest roundup of the top 10 international anti-corruption developments: https://gag.gl/sYCAKF

How will the election of Donald J. Trump as President of the United States impact enforcement of the Foreign Corrupt Practices Act (FCPA)? Which companies resolved FCPA cases with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC)? Find out the answers to these questions and more in MoFo’s latest roundup of the top 10 international anti-corruption developments: https://gag.gl/sYCAKF

#FEPA the Foreign Extortion Prevention Act became law in December 2023 and criminalizes the "demand side" of foreign bribery by prohibiting foreign officials from demanding, seeking, receiving, accepting, or agreeing to receive or accept anything of value from certain individuals and entities. It is an expansion of prohibited acts under the FCPA with a broad definition of "foreign official." From the perspective of an Anti-bribery and Corruption compliance program ("ABC" or "ABAC") additional controls should take this statute into consideration. An individual in a foreign jurisdiction who suggests "greasing some palms" or otherwise engaging in a corrupt practice to facilitate a deal can be engaging in conduct prohibited under FEPA. This is because of the definition of "foreign official" includes "any person acting in an unofficial capacity for or on behalf of a government or public international organization." Thus, a prominent business person with close ties to a foreign government could be acting in an unofficial capacity when advising on business deals with foreign governments. Our ABC programs should require the identification, reporting, and escalation of such communications. This was conduct not previously covered under the #FCPA and if #ABC controls were not updated since December 2023, they are out of date. As the US DOJ Guidelines indicate, corporate compliance programs must be tailored to US law. An effective compliance program can be the difference between a rogue employee engaging in criminal conduct and a corporation facilitating criminal conduct through poor compliance. https://lnkd.in/errt_VbM

Still wondering how the newly enacted Foreign Extortion Prevention Act is relevant to your business operations? Then, we invite you to read the New York Law Journal article exploring this very topic and to provide guidance in preparation for these implications. Many thanks to Katey Fardelmann and Lucy Hoffman for examining this concept with me.

Goodwin's Miranda Hooker co-authored the chapter "A Deep Dive into the Foreign Corrupt Practices Act" in Global Investigations Review’s The Guide to Monitorships - 4th Edition. For insights on the distinguishing features of an #FCPA monitorship, best practices for conducting an FCPA monitorship, and the potential outlook for FCPA monitorships in the future, check out the chapter here:

MoFo’s James Koukios and Ed Imperatore are serving as speakers at the American Conference Institute's (ACI) 41st International Conference on the FCPA in Washington, D.C., on December 4-5. The conference brings together leading in-house counsel, defense lawyers, government officials, and third-party experts to discuss updates on the FCPA and applicable anti-corruption laws and procedures to prevent inappropriate payments. Learn more. https://gag.gl/5jzjGv #FCPAConference24