The New Era of Regulatory Enforcement: A Comprehensive Guide for Raising the Bar to Manage Risk

Chapter 3

Bribery and Corruption

Pamela J. Parizek

The U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) have vigorously enforced the U.S. Foreign Corrupt Practices Act (FCPA) since 2005, in contrast to the quiescence of the previous two-and-a-half decades. With public reports indicating that there were more than 100 active corruption investigations in 2015, nearly $2 billion in fines and penalties over the past two years,¹ and an increase of 10 DOJ prosecutors and additional FBI agents focused on FCPA, there can be little doubt that FCPA remains a top priority of the DOJ and SEC, with the DOJ predominantly focused on holding individuals culpable and the SEC the predominant corporate enforcer.

It is equally ...