bakerlaw.com 1
2016 FCPA Year-End Report
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2016 FCPA YEAR-END REPORT
Dear Clients and Frie nds:
2016 was a record-setting year for Foreign Cor rupt Practices Act (“FCPA”) enforcement, as both
the U.S. Department of Justic e (“DOJ”) and the U.S. Securities and Exchange Co mmission (“SEC”)
recovered well over $2 billion i n penalties in over 50 combined actions. The SEC a nd DOJ also
made new policy pronoun cements about corporate cooperation and i ndividual accountability,
and the SEC entered into its first ever D eferred Prosecution Agreement (“DPA”) with an individual.
Corporate monitors were imp osed in a number of cases where companie s did not voluntarily self
report or timely re mediate, a link noted this year by the SEC FCPA Unit Chief, Kara Brockmeyer.1
While the focus of a new admini stration in 2017 will be closely foll owed, it is expec ted that
aggressive enforcem ent of FCPA violations w ill continue unabated.
Our annual update tracks m ajor developments in FCPA enforcement trends, as well as
enforcement actions, se ttlements, prosecutions and declinatio ns. With over 900 lawyers and a
seasoned core FCPA practice team th at has handled cases on every continen t, we understa nd
the unique challen ges facing companies operating in high r isk environments. Accordingly, we are
pleased to offer this up date to help educ ate your compa ny on the latest FCPA developments.
We look forward to answering a ny questio ns or concerns you have about these significa nt
developments in FCPA enforcement, co mpliance and defense.
This update was prepared by Jo hn J. Carney, Jonathan R. Ba rr, Margaret E. Hirce, Susrut A .
Carpenter, Kendall E. Wangsgard, Lauren P. Berglin and Bari R. Na dworny.
Many of BakerHostetler’s partner s have served in key government or regulator y positions and their
experience adds to the de pth and quality of our advice. We regularly ad vise on a broad range of
matters, including an titrust and competition, anti-money launde ring and export controls, government
contracts, securitie s regulation and tax. Our interdisciplin ary Financial Investigations, Resta tement and
Accounting team combin es the resources of seasoned financia l litigators, the SEC defense counsel
and corporate disclosure and governance professionals to help companies navigate accounting-related
special investigatio ns, government inquiries and, when nec essary, financial restatements.
1 See FCPA Chief Touts Record High Enforcement Actions – Links Avoiding a Monitor to Early Remediation of FCPA Is sues, BakerHostetler Al ert (Oct. 17, 2016).
Par t 1: Introduction ...........................................................................3
Part 2: Enforcement Actions And Resolutions – Corporations ............... 9
Part 3: Enforcement Actions And Resolutions – Individuals .................. 15
Part 4: Plotting The Course: Key Developments From 2016
Will Have Lasting Impacts In The Years To Come ................................... 21
Part 5: Select 2016 Enforcement Actions And Resolutions ..................26
Part 6: Resources ............................................................................27
Par t 7: BakerHostetler Attorney Bios .................................................. 29
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2016 FCPA YEAR-END REPORT
Part 1:
Introduction
