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FBI Announces New Focus on FCPA Violations - Foreign Corrupt Practices Act

An official of the Federal Bureau of Investigations (FBI) recently reported that the Agency has established three new squads of enforcement officials and stands ready to deploy them to the FBI’s three largest field offices.  Jeffrey Sallet, the head of the Agency’s public corruption and civil rights section, stated that under the new initiative, roughly 30 agents will be assigned to squads based in New York, Washington and Los Angeles, where a supervisor will manage investigators drawn from multiple cities.  The goal of this initiative is to identify and prosecute additional violations of the Foreign Corrupt Practices Act, a statute that makes it illegal to bribe foreign government officials and can be prosecuted in U.S. courts, and to strengthen the FBI’s expertise in the area.

This FBI initiative follows the U.S. Department of Justice’s (DOJ) renewed focus on FCPA enforcement as reflected both by its 2012 Guidance: A Resource Guide to the FCPA U.S. Foreign Corrupt Practices Act, and by the DOJ’s strong track record of enforcement in 2014. Notably, Justice Department enforcement data reflects that since 2009 more than 50 people have been convicted of FCPA violations and related crimes and some 50 corporations have paid more than $3 billion in penalties and forfeitures during that same time period.

The DOJ’s focus on enforcement, coupled with a ramping of up federal investigative resources is a clear signal to the senior management of organizations as well as to the board of directors of these organizations that now is the time to review organizational compliance structures, including FCPA compliance and control mechanisms, to increase monitoring and investigation capabilities, and to be vigilant of global business practices by employees as well as third-party agents.  Companies that do business abroad must be sensitive to the commercial environment of foreign jurisdictions and they must have controls in place to safeguard against bribery and related corruption.  As important, organizations must be devoted to continuous improvement efforts of these compliance systems.

Jackson Lewis P.C. © 2020National Law Review, Volume V, Number 17


About this Author

David R. Jimenez, Jackson Lewis, Title VII discrimination claims Lawyer, Fair Labor Standards Attorney

David R. Jimenez is a Principal in the Hartford, Connecticut, office of Jackson Lewis P.C. He is the Co-Chair of the firm’s Corporate Governance and Internal Investigations Practice Group.

Mr. Jimenez advises employers on complex matters and litigation including:

  • Class Action cases involving Title VII discrimination claims, the Fair Labor Standards Act, and matters related to contingent, temporary, and independent contractor workforce categorization;

  • ...
Robert L. Peabody, Criminal Defense Attorney, Jackson Lewis Law Firm
Of Counsel

Robert L. Peabody is Of Counsel in the New York City, New York, office of Jackson Lewis P.C. He was a highly successful criminal defense attorney in Massachusetts, where he is a well-known son of a former governor.

After seven years as a state prosecutor and eight years as an Assistant U.S. Attorney, Mr. Peabody turned to criminal defense work in Massachusetts, focusing on white collar matters involving corporate clients and individuals facing regulatory action and litigation on the state and federal levels. Over nine years, he built extensive experience in securities, health care, tax, and bank fraud matters. He has represented pharmaceutical and other health care professionals in investigations of illegal anti-kickbacks, off-label marketing, Medicare and Medicaid fraud. In addition, he has defended finance executives in options backdating, insider trading, accounting, and related tax and securities fraud allegations as well as companies and individuals in state and federal investigations alleging campaign finance, bribery, and conflict of interest violations. Mr. Peabody has had particular success at representing college and graduate students throughout the country in internal probes of plagiarism, cheating, assault, and other violations of honor codes and other academic violations.

Paul V. Kelly, Jackson Lewis, white collar criminal defense lawyer, internal investigations attorney

Paul V. Kelly is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has extensive experience in white collar criminal defense, internal investigations, complex civil litigation and crisis management. Mr. Kelly is the firm’s White Collar and Government Enforcement Practice Group Leader. A former sports industry executive, he is also one of the firm’s Collegiate and Professional Sports Practice Group Leaders.

Conrad Shawn Kee, e-Discovery Attorney, Jackson Lewis Law Firm

Conrad Shawn Kee in the Denver and Stamford offices of Jackson Lewis P.C.  Mr. Kee is a member of the firm’s e-Discovery and Workplace Technology Practice Group, the co-chair of the firm’s Trade Secret Protection and Non-Competition Practice Group, the director of the Jackson Lewis E-Discovery U™ program, and a member of the firm’s International Employment Issues and Corporate Governance and Internal Investigations Practice Groups.  Shawn was selected by peers and in-house counsel to be listed in Chambers USA Guide to America’s Leading Business Lawyers for several years.

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