Rick Hartunian, partner; Pei Pei Cheng de Castro, partner; and Jennifer Hopkins, associate, had their “FCPA: How Much Have Things Really Changed?” article published in the White-Collar Crime section of the New York Law Journal. The article examined whether shifts in US Foreign Corrupt Practices Act (FCPA) enforcement under successive administrations represent meaningful change or a continuation of long-standing practice.
The fundamentals, however, tend to persist across administrations: voluntary self-disclosures, individual accountability, third-party scrutiny, and cross-border coordination have remained the backbone of FCPA practice.
The article traces the modern FCPA framework to the DOJ’s 2016 Pilot Program, which incentivized companies to self-report misconduct in exchange for mitigation credit or declinations. That initiative, later formalized as the FCPA Corporate Enforcement Policy, led to a sharp increase in voluntary disclosures and reinforced the DOJ’s focus on robust compliance programs, cooperation, and remediation, as well as efforts to avoid duplicative penalties through the Anti-Piling-On Policy.
The article claims that subsequent administrations have largely built on this foundation rather than departed from it. Even amid changes in tone and emphasis, FCPA enforcement has continued at a high level, with significant corporate penalties and sustained attention to prosecuting individuals.
In this environment, companies must remain proactive and ensure their compliance programs align with the practical reality of continued FCPA enforcement.
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