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Part One of a Two-Part Article
Based on President Trump's remarks as a candidate, one might anticipate a marked drop-off in FCPA enforcement. Other evidence, however, convincingly suggests the trend of increased international cooperation and direction of enforcement resources in the FCPA arena is likely to continue.
The start of a new presidential administration brings along changes to personnel, policies and enforcement priorities. During the transition period, counsel to businesses and individuals try to anticipate which way the enforcement wind will be blowing in order to best advise anxious clients. One high-stakes area of enforcement focus, the Foreign Corrupt Practices Act (FCPA), has been subject to much speculation in this regard. Because of the enormous resources multinational companies must devote to compliance with FCPA’s anti-corruption and record-keeping requirements — and, when things go awry, to paying ever-increasing penalties to the government here and abroad — the new administration’s likely approach is of paramount importance. Despite predictions of a substantial pullback in the FCPA enforcement area, the writing on the wall does not necessarily suggest such a relaxation.
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