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FCPA Blog Daily News

Entries in restorative justice (2)


First BP, then BofA: Could an FCPA defendant be next?

Attorney General Eric Holder announces Bank of America's $16.7 billion settlement on August 21, 2014.Two recent blockbuster DOJ settlements have two things in common: 1) record-setting financial penalties, and 2) a portion of those penalties being set aside to fund programs to benefit the communities harmed by the crime. Shouldn't we carry that trend into FCPA enforcement?

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Beyond deterrence (Part V): Restorative justice for multinational corporations

In this series, concluding with this post, the author explores the limits of the deterrence theory of punishment that underlies anti-bribery enforcement. See Parts One, Two, Three and Four here.  

As we explored in the prior post, deterrence theory seeks to reduce bribery by manipulating the disincentives of would-be bribe payers. That works so long as all such companies are subject to our jurisdiction.

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