The SEC’s Novel Approaches to Resolving Recent FCPA Matters — A Sign of Things to Come?

The SEC’s Novel Approaches to Resolving Recent FCPA Matters — A Sign of Things to Come?


Acquisition International
By: Kevin Harnisch, James Kitching, Steven Witzel and Joshua Roth

In Spring 2013, the SEC resolved two Foreign Corrupt Practices Act (FCPA) matters by utilizing approaches that are relatively novel in the FCPA context: (1) non-prosecution agreements; and (2) the administrative forum (rather than federal courts) for litigation. At a time when an increasing — but still small — number of potential defendants in FCPA matters are choosing to litigate, these approaches may create additional incentives for would-be litigants to settle.

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