In an era of ongoing global supply chain issues, the war in Ukraine, inflation and the pandemic, the situation is “ripe for exploitation,” write Partners John Carney and Jimmy Fokas and Associate Bari Nadworny in a June 17, 2022, article published in Westlaw Today. In “Preparing for the FCPA surge,” they address how the Foreign Corrupt Practices Act (FCPA) is likely to be used as “bad actors [look] to cut the line or profit from the chaos.”
When people “turn to bribes to facilitate business transactions in violation of the FCPA,” the authors write, “regulators and criminal authorities are usually not far behind.” Indeed, both the U.S. Securities and Exchange Commission, which carries out civil enforcement, and the U.S. Department of Justice, which has criminal authority, consider the FCPA a high priority.
“Companies should get out in front of these issues,” Carney, Fokas and Nadworny write in the article. “Having a culture of compliance in which employees understand that they must never cut corners to achieve results helps combat the potential for misconduct.”
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