ARTICLE
30 July 2012

Recent Setbacks For FCPA Enforcement

DB
De Brauw Blackstone Westbroek N.V.

Contributor

De Brauw Blackstone Westbroek is a leading international law firm, trusted by clients for over 150 years due to its deep engagement with their businesses and a clear understanding of their ambitions. While rooted in Dutch society, the firm offers global coverage through its network of top-tier law firms, ensuring seamless, tailored legal solutions. De Brauw’s independence enables it to choose the best partners while remaining a trusted, strategic advisor to clients worldwide.

The firm emphasizes long-term investment in both its client relationships and its people. De Brauw’s legal training institutes, De Brauwerij and The Brewery, cultivate diverse talent, preparing the next generation of top-tier lawyers through rigorous training and personal development. Senior leadership traditionally rises from within, maintaining the firm’s high standards and collaborative culture.

The US Foreign Corrupt Practices Act ("FCPA") prohibits US persons and companies from bribing foreign officials to obtain business.
Netherlands Criminal Law

The US Foreign Corrupt Practices Act ("FCPA") prohibits US persons and companies from bribing foreign officials to obtain business. Enforcement actions initiated by US regulators under the FCPA have risen sharply in recent years (see also RCE Newsletter January 2012). Research now shows that US regulators faced a number of setbacks in FCPA enforcement actions recently. These setbacks include vacated convictions and irregularities found during the investigation phase.

Research specifies that the number of FCPA enforcement actions initiated by the SEC and DOJ decreased in 2011 (48) compared to 2010 (74). The number of FCPA enforcements in the first half of 2012 totaled 14.

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