Feds Declined to Prosecute Dozens of FCPA Cases Over Past Two Years

Federal enforcement officials declined to prosecute dozens of Foreign Corrupt Practices Act (FCPA) cases over the past two years.

That’s according to The Resource Guide to the Foreign Corrupt Practices Act just released by the Criminal Division of the Department of Justice and the Securities and Exchange Commission (SEC).

Criminal Division Chief Lanny Breuer and SEC enforcement chief Robert Khuzami are scheduled to brief the press on the guide within the hour.

But the guide, which was released ahead of the briefing, states that “in the past two years alone, the Department of Justice has declined several dozen cases against companies where potential FCPA violations were alleged.”

“To protect the privacy rights and other interests of the uncharged and other potentially interested parties, the Department of Justice has a long-standing policy not to provide, without the party’s consent, non-public information on matters it has declined to prosecute,” the authors write. “There are rare occasions in which, in conjunction with the public filing of charges against an individual, it is appropriate to disclose that a company is not also being prosecuted.”

In the FCPA context, rare might be an overstatement.

There’s only been one — as far as we know — the Department’s April public declination in the Morgan Stanley case.

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