Contrary to some expectations, the Trump Administration Department of Justice imposed record penalties under the U.S. Foreign Corrupt Practices Act from 2017 through 2020. But in each of those years, fewer and fewer new FCPA investigations were initiated. We expect the Biden Administration to continue the trend of increasing FCPA enforcement settlement values, while also increasing the pace of initiating new FCPA investigations. Anticorruption matters present some of the most severe threats to a company’s organizational integrity. Understanding the changing enforcement culture is an important component to addressing those threats.
Continue Reading The Next Four Years of FCPA Enforcement: What to Expect From the Biden Administration

With our political system suffering from a growing chasm down party lines, our public servants seem to be increasingly vulnerable to public pressure.  Politicians scramble to fight for whatever cause du jour will garner them the most support.  And lately, no political act is guaranteed to please Main Street quite so much as blaming the U.S. banking system for the country’s woes.  (It is not just the government attacking the banks; as we reported here, Arab Bank of Jordan is currently facing penalties after a jury of its peers decided the bank was liable for seemingly attenuated violations of the Anti-Terrorism Act.)
Continue Reading Round Two: Prosecutors Reopen Bank Settlements