FCPA, UKBA and Other Four-Letter Words: Anti-Corruption Laws in a Global Economy

Abstract

Few subjects receive as much attention in legal, compliance and accounting circles these days as the United States Foreign Corrupt Practices Act (the “FCPA”), the United Kingdom Bribery Act (the “UKBA”) and other foreign and international anti-corruption laws. However, while familiarity may breed contempt, presumed familiarity with anti-corruption laws is more likely to breed a regulatory investigation, subsequent regulatory proceeding, follow-on class action and derivative suits, and uninsured legal, accounting, consulting and settlement bills in the tens of millions to billions of dollars. The amount of attention paid to FCPA compliance and investigation defense issues is necessary because the incidence of anti-corruption issues and the costs of developing policies and procedures, conducting investigations and resolving regulatory inquiries and related court actions continues to escalate.