In December 1999, Gary R. Spratling, then deputy assistant attorney general of the Antitrust Division of the U.S. Department of Justice (now a Gibson, Dunn & Crutcher partner), presented at the American Conference Institute’s Seventh National Conference on the Foreign Corrupt Practices Act. See www.justice.gov/atr/public/speeches/3981.htm. His speech began by rhetorically asking “why a career antitrust prosecutor is addressing a conference on the FCPA?” He then set forth what amounted to an early warning shot on potentially overlapping enforcement.
Twelve years later, the FCPA is a hotspot of enforcement activity by the DOJ and U.S. Securities and Exchange Commission. In 2010, for example, the DOJ brought 36 actions against individuals and another 21 against corporations, nearly five times the 2006 total. In 2010, FCPA fines and penalties reached nearly $1.8 billion, with five separate FCPA settlements topping $100 million. Incarceration rates and prison terms for FCPA violations have also skyrocketed: In the past two years alone, eight individuals received sentences of a year or longer, and as high as seven years.
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