Mike Koehler had a fascinating post on his FCPA Professor blog today. He did the math and found that in seventy-one percent of the FCPA enforcement actions against corporations since 2005, the DOJ didn't charge any employees.
A year ago, we were looking for clues about how enforcement decisions are made, and whether corporate settlements might be replacing individual prosecutions. Using a slightly different approach, we found that for the past five years, more than sixty percent of the companies that settled had not yet had individual employees or agents charged with FCPA-related offenses.
Here's Mike's conclusion: "During this era of the FCPA’s resurgence, the DOJ has consistently stated that prosecution of individuals is a 'cornerstone' of its FCPA enforcement strategy. Yet, the above numbers paint a different picture – at least in certain enforcement actions."
Prof Koehler said he'll have more to say on the subject in upcoming posts.