FCPA Professor LLC Information

"The FCPA has been recognized and treated as different by the U.S. government since its passage in 1977. [...] [The FCPA] is one of just a few, select statutes to be prosecuted centrally from one DOJ office. The over-whelming majority of federal criminal statutes may be brought by each of the country's U.S. Attorney's Offices, but FCPA actions may be brought only by the Fraud Section of the Criminal Division within Main Justice." What this special DOJ FCPA policy means is that FCPA enforcement is highly centralized and, from a supervisory and discretionary standpoint, very few individuals control FCPA enforcement. Because of the DOJ resolution vehicles typically used to resolve FCPA enforcement actions, these few individuals largely "enforce" the FCPA behind closed doors in Washington D.C. often without any meaningful judicial scrutiny and in the general absence of case law of precedent setting the parameters of the FCPA.