NACDL - DOJ on the FCPA

DOJ on the FCPA

The FCPA is emblematic of the serious problem of overcriminalization. While it seeks to prevent and redress serious misconduct, its language and application have led to unintended consequences. Many organizations, from both the left and the right, are now calling for some much-needed commonsense reform of the statute, particularly reforms that will strengthen its mens rea requirements and bring clarity, uniformity and fairness to its enforcement.  This page contains materials from government agencies on the FCPA.  

Department of Justice (DOJ) news releases, statements, and publications on the FCPA are provided below.

DOJ Press Releases & Statements

Assistant Attorney General Breuer's Remarks at IBC Legal's World Bribery & Corruption Compliance Forum (html), October 23, 2012 [pdf]

DOJ Statement on the Release of the Guidance, DOJ Justice News, November 14, 2012. 

Statement of Acting Deputy Assistant Attorney General Greg Andres Before House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, June 14, 2011.

Statement of Acting Deputy Assistant Attorney General Greg Andres Before Senate Judiciary Subcommittee on Crime and Drugs, November 30, 2010.

Assistant Attorney General Lanny A. Breuer Speaks at the 24th National Conference on the Foreign Corrupt Practices Act, November 16, 2010.  

Prepared Remarks of Alice S. Fisher, Assistant Attorney General at the American Bar Association National Institute on the Foreign Corrupt Practices Act, October 16, 2006.

DOJ Resources

DOJ and SEC FCPA Guidance  

DOJ and SEC FCPA Guidance Fact Sheet 

FCPA Page 

Statute and Regulations 

Lay-Person’s Guide (PDF) 

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Opinion Procedure Regulations (PDF) 

Opinion Procedure Releases