The battle against international corruption continues to intensify, with U.S. authorities imposing multimillion-dollar penalties on companies and seeking prison terms for corporate personnel who violate the Foreign Corrupt Practices Act (“FCPA”). On the international stage, all eyes are on the United Kingdom, as the reinvigorated Bribery Act comes into effect, and new anti-corruption initiatives are underway in Russia, China and India.
At the same time, other developments suggest the limits of these efforts. Enforcement of anti-corruption laws by many other developed nations continues to be, at best, lackluster. Defendants are increasingly mounting challenges to the aggressive legal positions taken by U.S. law enforcement authorities as to FCPA’s jurisdictional and substantive provisions, and critics of the current FCPA enforcement environment are beginning to gain a hearing in Congress.
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