Despite predictions of a slow-down in enforcement under the Trump administration—and indications that enforcement in some areas has decreased in the past year—2018 was yet again an active year for FCPA enforcement. The year demonstrated that US and international governments continue to have their sights set on combating corruption and encouraging compliance at global companies. Below are five key takeaways regarding FCPA enforcement in 2018:
- Blockbuster resolutions are here to stay.
- International cooperation and coordinated resolutions continue to occur with regularity and show no sign of abating.
- Multiple DOJ policy changes in 2018 appear corporation friendly on their face, but time will tell how much practical effect they have.
- The judiciary handed the enforcement agencies some losses that resulted in a narrowing of the agencies’ jurisdictional and charging theories.
- After a few off years, prosecutions of individuals are at near-record levels and, as large resolutions and global scandals proliferate and the DOJ continues to prioritize punishing individual wrongdoers, they are likely to continue.