NACDL - FCPA Prosecutions & Trends

FCPA Prosecutions & Trends

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. Provided below are links to some recent, major FCPA case pages containing relevant filings.

Provided below are resources on FCPA prosecution trends and case pages containing pleadings and summaries for certain major FCPA prosecutions.

FCPA Enforcement Trends and Resources

FCPA Professor - Largest Corporate FCPA Settlements (scroll down to 17th question, "How are FCPA fines, penalties, and sentences calculated?")

FCPA Blog - "The Lists" - Includes an annual FCPA Enforcement Index from 2008-2013, Corporation Investigations List for 2014, Top Ten FCPA Enforcement Actions, Top Ten FCPA Disgorgements, and additional materials.

Brandon L. Garrett and Jon Ashley, Corporate Prosecution Registry, University of Virginia School of Law

Major FCPA Prosecutions

United States v. Aguilar, et al. ("Lindsey Manufacturing") (C.D. Cal.)  

United States v. Carson, et al. (C.D. Cal.) 

United States v. Esquenazi, et al. ("Haiti Teleco") (S.D. Fla.)  

United States v. Goncalves ("gun sting case") (D.D.C.) 

United States v. Green, et al. (C.D. Cal.) 

United States v. Kozeny, et al. ("Bourke") (S.D.N.Y.)