Introduction

In addition to a general increase in FCPA enforcement activity in recent years, four distinctive new trends can be seen. First, both the frequency and severity of enforcement have increased in recent years. While there are fluctuations over short periods, over the past five years there is clearly the trend toward more aggressive investigations and enforcement proceedings by the DOJ and the SEC. These proceedings are also resulting in more severe punishments in the form of fines for corporations and jail time for individuals. The second trend is the use of more creative methods in ...