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The FCPA Blog is an international website for commentary and news about anti-corruption compliance and enforcement founded by Richard L. Cassin.
The website's primary focus is compliance with and enforcement of the United States Foreign Corrupt Practices Act (FCPA). Topics covered by posts have included developments and trends in international anti-corruption enforcement, relevant international treaties and conventions, correlations between corruption and national and global security, other criminal activity, and economic development and poverty. Commentary on the FCPA Blog has dealt with the effects of corruption on government institutions, individuals, and society in general, and how government and transnational anti-corruption enforcement policies impact international relations and global investment practices. Source
My gifted colleagues — the people Harry and I leaned on for support for 17 years — have already written a wonderful history of the FCPA Blog. There’s little more I can say except to fill in a gap they left in the record — their role in what we did. To set the stage: When the FCPA Blog started in 2007, the Foreign Corrupt Practices Act was almost unknown. There wasn’t much to report and few readers. Then, at the end of 2008, Siemens happened.
Andy Spalding, Senior Editor I came to the FCPA Blog a nobody, just some guy with just one idea that Dick so generously agreed to post. How could I have known the Wall Street Journal was looking for content? I suddenly had a voice. The FCPA Blog gave so very many of us a voice, a seat at the table. It democratized FCPA commentary. As Dick himself told me, “we’re all Gutenbergs now.” I’ll miss the forum. I’ll miss the issues. And I’ll miss the people.
2024 marks our seventeenth year of publishing. It’s been an incredible journey, and we’re proud of our work. It was a difficult decision. We’ll continue posting over the next couple of weeks. We’ll hear from some familiar voices. Then, the curtain will close. I’d like to thank our editors, contributors, and sponsors. You made the FCPA Blog what it was. To our readers, the hundreds of thousands of you — thank you. We’ve published 8,000 posts, many of which were submitted by generous contributors.
It’s wishful thinking that a corporate FCPA resolution with the DOJ puts everything in the rearview mirror. Better to view corporate resolutions as multi-year events, during which the company and its leaders face more scrutiny and potential criminal jeopardy than ever. That’s because of what’s inside today’s deferred prosecution agreements. By the time the corporation lands a DPA, it has already more or less cooperated with the DOJ and remediated defects in its compliance program.
In the last quarter-century, since the “Corruption Eruption” of the late 1990s, the world has been lucky enough to see the proliferation of anti-corruption laws, initiatives, ideas, and practices. Now, two decades later, a group of scholars and practitioners has undertaken to distill our learning in a single source.
Although bribery always requires a giver and a receiver, U.S. anti-corruption efforts have traditionally focused almost exclusively on the givers. This is partly the result of a previous gap in the law. While the FCPA criminalizes the act of giving bribes to foreign government officials, no statute addressed bribe receiving by foreign government officials. As a result, cases against foreign bribe takers had to be shoehorned into other, poorly suited statutes such as money laundering and wire fraud.
Dawn raids are on the rise: the first three months of the new SFO director’s tenure saw two dawn raids, and the Financial Conduct Authority’s dawn raid activity during 2023 was significantly increased compared with 2022. Our global investigations team is seeing a similar trend in other jurisdictions.
2023 was a mixed bag for the business integrity community. On the one hand, the B20 – the voice of business of the G20 forum of major economies – had no Integrity & Compliance Task Force under the Indian Presidency. That was a major missed opportunity for all of us who care about raising standards of business integrity around the world.
One of the main talking points in Ukraine in October 2023 was the new law on politically exposed persons, which was introduced in light of the seven reforms required by the country to support its EU candidate status. While civil society was celebrating victory and a step forward to improved compliance with the FATF standards, politicians claimed the new law would punish them with this “politically exposed” status, with all that comes with it, for the rest of their lives. So, what’s the reality?