Rebekah Poston and Gregory Bates — Squire, Sanders & Dempsey
When the economic going gets tough, multinational companies might be tempted to cut costs by cutting back on steps needed to comply with the Foreign Corrupt Practices Act (FCPA).
But the Department of Justice is on record that it and the Securities and Exchange Commission don’t expect to cut back on the number of FCPA investigations and prosecutions. In 2008, the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) collected more than $924 million in combined penalties from corporations and individuals for FCPA violations. And lead DOJ Prosecutor Mark Mendelsohn recently – and pointedly – noted that even though the global economic crisis presents “a grave challenge in the fight against foreign bribery … companies need to be especially vigilant in this economic climate not to cut back. Our law enforcement efforts are not going to be scaled back, and so it would be, I think, a grave mistake for a company to take that path.”
Instituting policies and procedures that implement the Guidelines and practicing effective due diligence are two bedrock fundamentals of FCPA compliance and risk mitigation.