FCPA Update: Recent Enforcement, DOJ Clawback Program

The Foreign Corrupt Practices Act (FCPA) is the U.S. government's main tool for punishing US actors involved in corruption of non-U.S. governments. The U.S. Department of Justice (DOJ) has imposed significant penalties on corporate organizations and individuals alike under the FCPA. Recent enforcement action—including several actions against prior offenders—suggests that such penalties will continue. Recent guidance issued by DOJ also suggests that DOJ and the U.S. Securities and Exchange Commission (SEC)—which also administers and enforces the FCPA—are particularly interested in individual compensation as a driver of compliance. This focus on individuals presents challenges and opportunities for compliance personnel.