23 July 2012
The Department of Justice’s (DOJ) renewed vigor in pursuing violations of the Foreign Corrupt Practices Act (FCPA) over the past five years, in what it has professed to be a “new era” of FCPA enforcement, has shown no signs of relenting. In 2011, 11 companies collectively paid more than $360 million to silence FCPA allegations, and through June 2012, six companies and related subsidiaries have already agreed to collectively pay over $109 million to do the same. At least 10 of those 17 companies self-reported — also phrased as “voluntarily disclosed” — all or some of the conduct under investigation. But those companies that self-reported in 2011, and thus far in 2012, still collectively incurred roughly $133 million in penalties.