FCPA/Anti-Bribery Alert - Winter 2013

INTRODUCTION

To paraphrase Mark Twain, reports of the FCPA's death were greatly exaggerated. Although at times many pillars of anti-corruption enforcement seemed to be crumbling or at least showing cracks, 2013 has seen a string of developments that reinforce that anti-bribery laws — and their vigorous enforcement — are here to stay.

Where once we watched the Shot Show prosecution crumble, we now see indictments and plea deals for even non-U.S. citizens and non-U.S. issuers. Where once we saw monitorships seemingly falling into disfavor, we now see them restored and imposed in the most high-profile, high-stakes cases. Where once enforcement of the U.K. Bribery Act seemed a paper tiger, we now see active prosecutions. And where we once wondered if non-U.S. governments would continue to strengthen and enforce anti-bribery laws, we see resounding confirmation in the form of investigations and enforcement activity from heretofore unseen jurisdictions such as Australia