Another Indication that the Justice Department Favors Big Business

There is little question now that the Justice Department favors big business.

Just look nonstop flow in recent weeks of deferred and non prosecution agreements with public companies.

But Mike Koehler has pointed to another indicator.

The vast majority of criminal prosecutions of individuals in Foreign Corrupt Practices Act (FCPA) cases were affiliated with private corporations.

“Of the 129 individuals charged by the Department of Justice with FCPA criminal offenses since 2006, 101 of the individuals (78%) were employees or otherwise affiliated with private business organizations,” Koehler writes.  “This is a striking statistic given that 72 of the 94 corporate Department of Justice FCPA enforcement actions since 2006 (77%) were against publicly traded corporations.”

“In the 22 private business organization Department of Justice FCPA enforcement actions since 2006, individuals were charged in connection with 10 of those actions (45%),” Koehler reports. “In contrast, in the 72 publicly traded corporation Department of Justice FCPA enforcement actions since 2006, individuals were charged in connection with 11 of those cases (15%). Indeed, since 2012 there have been only four instances of an individual associated with a publicly traded company being criminally charged with FCPA violations.”

“In short, a Department of Justice FCPA enforcement against a private business organization is three times more likely to have a related Department of Justice FCPA criminal prosecution of an individual than a Department of Justice FCPA enforcement action against a publicly traded corporation.”

 

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