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Friday, November 12, 2010
Law - "Butler Professor Says FCPA Enforcement Is A ‘Facade’"
Yesterday's WSJ reported on "The Facade of FCPA Enforcement," by Mike Koehler, Butler University College of Business, a paper published in the Georgetown Journal of International Law.
a few quotes from the abstract:
The rise in Foreign Corrupt Practices Act ("FCPA") enforcement actions has been well documented. Against the backdrop of aggressive enforcement and the resulting multi-million dollar fines and penalties is the undeniable fact that, in most instances, there is no judicial scrutiny of the FCPA enforcement theories. The end result is that the FCPA often means what the enforcement agencies say it means. Because of the "carrots" and "sticks" relevant to resolving a government enforcement action, FCPA defendants are nudged to accept resolution vehicles notwithstanding the enforcement agencies’ untested and dubious enforcement theories or the existence of valid and legitimate defenses. The end result is often the facade of FCPA enforcement.This article discusses various pillars that contribute to the facade of FCPA enforcement and highlights that the FCPA, during its decade of resurgence, is being enforced like no other law.
Posted by Marcia Oddi on November 12, 2010 08:21 AM
Posted to General Law Related