Grading the Foreign Corrupt Practices Act Guidance

Grading the Foreign Corrupt Practices Act Guidance

This article was reprinted with permission from FCPA Professor

I am pleased to share a download link (here) to my article "Grading The Foreign Corrupt Practices Act Guidance" recently published in Bloomberg / BNA's White Collar Crime Report.

The article abstract is as follows.

This article is a critical analysis of the Foreign Corrupt Practices Act Guidance released by the Department of Justice and Securities and Exchange Commission. Issues discussed in the article include the following: (i) the enforcement agencies' motivations in issuing the Guidance and the fact that it should have been issued years ago; (ii) the utility of the Guidance from an access-of-information perspective and how the Guidance can be used as a measuring stick for future enforcement agency activity; (iii) how the Guidance is an advocacy piece and not a well-balanced portrayal of the FCPA as it is replete with selective information, half-truths, and, worse information that is demonstratively false; (iv) how, despite the Guidance, much about FCPA enforcement remains opaque; and (v) how, despite the Guidance, FCPA reform remains a viable issue.

Read more articles on the FCPA by Mike Koehler at FCPA Professor.

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