Reproduced with permission from Securities Regulation & Law Report, 46 SRLR 121, 01/20/2014. Copyright 姝
2014 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
FOREIGN CORRUPT PRACTICES ACT
Regrouping and Refocusing:
2013 FCPA Year-In-Review and Enforcement Trends for 2014
BYT. MARKUS FUNK AND SAMBO ‘‘BO’’ DUL
Following a relatively flat enforcement landscape
and some bumps in the 2013 prosecutorial road,
the Department of Justice (‘‘DOJ’’) and the Securi-
ties and Exchange Commission (‘‘SEC’’) appear poised
to spring back into action on Foreign Corrupt Practices
Act (‘‘FCPA’’) and related anti-corruption enforcement.
Other nations have also ramped up activity in this arena
by fortifying their laws and enforcement outlooks, in-
cluding by bringing ‘‘carbon copy’’ actions. Below, we
take a look at the major FCPA and anti-corruption de-
velopments of 2013, as well as what may be in store for
2014.
sU.S. Enforcement Numbers Continue to Trail
the Records Set in 2010—But the DOJ and SEC Re-
main Committed to Aggressive Enforcement.
Calendar year 2010 saw the U.S. DOJ initiate a
record-breaking 48 enforcement actions and the SEC
bringing 26. But prognostications to the contrary not-
withstanding, the intervening years have not witnessed
a redoubling of this trend. More specifically, in 2013 the
DOJ filed only 16 FCPA and related enforcement ac-
tions (and announced 2 non-prosecution agreements,
and 6 enforcements actions that were filed in 2012 and
2011),
1
while the SEC for its part brought 8 actions.
2
True, the number of FCPA enforcement actions
against corporate entities remained low compared to
the records set in 2010. But this year not only saw more
DOJ actions than 2012, but also was characterized by
two of the largest FCPA penalties ever assessed against
a company:
1
See DEP’TOFJUSTICE,FCPA&RELATED ENFORCEMENT ACTIONS,
available at http://www.justice.gov/criminal/fraud/fcpa/cases/
2013.html (last visited Jan. 2, 2014).
2
See SEC.&EXCH.COMM’N, SEC ENFORCEMENT ACTIONS: FCPA
CASES,available at http://www.sec.gov/spotlight/fcpa/fcpa-
cases.shtml (last visited Jan. 2, 2014).
T. Markus Funk is a partner at Perkins Coie,
Co-Founder and Co-Chair of the firm’s Corpo-
rate Social Responsibility and Supply Chain
Compliance Practice (the first such prac-
tice among the AmLaw 100), and Co-Chair of
the ABA Criminal Justice Section’s Global
Anti-Corruption Committee. Markus can be
reached at mfunk@perkinscoie.com. Sambo
‘‘Bo’’ Dul is a litigation associate in Perkins
Coie’s Phoenix Office. Prior to joining the
firm, Bo clerked for the Hon. Theodore
A. McKee, U.S. Court of Appeals for the Third
Circuit. Bo can be reached at sdul@
perkinscoie.com.
COPYRIGHT 姝2014 BY THE BUREAU OF NATIONAL AFFAIRS, INC. ISSN 0037-0665
Securities Regulation
& Law Report™
