On November 8, 2011, in remarks at a national conference on the Foreign Corrupt Practices Act (FCPA), Assistant Attorney General Lanny Breuer said that “in 2012, in what I hope will be a useful and transparent aid, we expect to release detailed new guidance on the Act’s criminal and civil enforcement provisions.”
During the past nine months, the expected joint guidance from the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) has spawned active debate within the white-collar bar, anti-corruption advocates and boardrooms throughout the country. The debate has focused both on what we can expect from the joint guidance and how the guidance could best improve what many consider to be vague areas of FCPA compliance, while not undermining the effectiveness of the statute in its central mission to combat real corruption.
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