As DOJ Confronts Setbacks in Litigated FCPA Cases, The Government’s Overall FCPA Enforcement Program Faces Increasing Scrutiny
Just as the Department of Justice (“DOJ”) is confronting a series of defeats in criminal FCPA cases against defendants who have put DOJ to its burden of proof at trial, the government’s overall FCPA enforcement program is facing growing pressure to provide guidance about its priorities and expectations. DOJ announced last November that it would be releasing such guidance, but the nature and timing of the guidance remain uncertain. While the impact of DOJ’s recent setbacks in some of its most prominent FCPA cases also remains to be seen, if the sizeable corporate FCPA settlements that have been announced in recent months are any indication, the government’s FCPA enforcement efforts remain as active as ever.