For the most part, 2018 will see countries do more to enforce their anti-bribery and corruption laws. How authorities plan to go about this — from cooperating with foreign counterparts to adapting others’ regimes — differs by jurisdiction.
There’s no catch-all advice we can give. But we can share our lawyers’ insights on areas that might affect you and what to watch out for. In terms of what you should do, we’d need to talk.
To date, the Trump administration has kept up enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) cases that began under the Obama administration. The real test, of course, will come when new cases arise. If the result is more of the same, big settlements remain a prospect, too.
Seven of the 13 corporate enforcement actions by the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) in 2017 involved non-U.S. companies. This backs up the Trump administration’s promise to counter foreign corruption. And if this continues — there are few signs it won’t — individuals and foreign companies beware. See “New administration, same policy? Only time will tell.”
More than half DOJ’s 35 deferred prosecution agreements (DPAs) and non-prosecution agreements in 2016 saw companies hire monitors. See “Joint or dual monitorships — the finer points.” Six out of 13 settlements with DOJ and the SEC resulted in appointing monitors. These were mostly where the companies’ internal controls had failed. Use of monitors is here to stay.
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