Thirteen Steps to FCPA Compliance

Jonathan T. Marks, CPA/CFF, CFE, CITP

A new record in U.S. Foreign Corrupt Practices Act of 1977 (FCPA) enforcement was set in 2010: The number of enforcement actions more than doubled and total fines against companies and individuals nearly tripled, as compared to 2009. The U.S. Department of Justice (DOJ) and the SEC collected almost $2 billion in FCPA-related fines. Some of the largest fines were paid by non-U.S. companies, such as British security specialists BAE Systems, German automaker Daimler AG, and French telecommunications company Alcatel-Lucent. Concurrent settlements by Panalpina World Transport Holding Ltd., a Swiss freight forwarding company, and six of its customers—including Royal Dutch Shell PLC—paid a combined total of $236.5 million in fines to resolve related FCPA enforcement actions (FCPA Winter Review 2011, Miller & Chevalier Publications, January 21, 2011, www.millerchevalier.com/Publications/MillerChevalierPublications?find=48909#corporations).