A&O Shearman’s recent trends and patterns in the enforcement of the Foreign Corrupt Practices Act (FCPA) / FCPA Digest

A&O Shearman has published the latest issue of its FCPA Recent Trends and Patterns in Enforcement Report, highlighting how FCPA enforcement has fared in 2023 amidst changing enforcement priorities and global geopolitical shifts. Amongst the highlights:

• the DOJ and SEC resolved 14 corporate enforcement actions with total sanctions of approximately $571 million—a notable decrease from the prior year;
• the DOJ charged only 12 individuals in FCPA-related cases, continuing the downward trend;
• the DOJ issued two public declinations with disgorgement;
• the DOJ further updated its voluntary self-disclosure policy;
• increased enforcement cooperation among agencies in the U.S, as well as cross-jurisdictional cooperation among foreign agencies;
• the DOJ’s Clawback Pilot Program completed its first full year of implementation;
• the DOJ announced its M&A Safe Harbor Policy; and
• President Biden signed into law the Foreign Extortion Prevention Act (FEPA), which extends the federal bribery statute to criminalize receipt of bribes by foreign officials.

Our latest Report explores continuing and developing trends and patterns globally, as well as helpful guidance on emerging best practices in FCPA and global anti-corruption compliance.