FCPA 2018 Year In Review
Under the second year of the Trump Administration, the biggest story was the increase of corporate declinations one year after the DOJ adopted a permanent FCPA policy incentivizing self-disclosure, cooperation, and remediation with the possibility of a declination.
Corporate FCPA enforcement normalized in the second year of the Trump Administration, after a low number of corporate resolutions in 2017. In 2018, the DOJ and SEC resolved 16 corporate FCPA cases—highlighted by three significant multijurisdictional anticorruption resolutions—and collected $1 billion in fines and penalties, and they continued their focus on individual enforcement actions. These trends are an indication that the DOJ and SEC continue to devote significant resources to FCPA corporate enforcement, and the continued enhanced collaboration between U.S. and foreign enforcement authorities demonstrates increasing international cooperation and coordination.