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Avoiding FCPA Liability with a Robust Compliance Program

By Michael L. Whitener and Robert N. Walton
April 28, 2010

With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.

Last year, the Department of Justice (DOJ) brought a record 26 enforcement actions under the FCPA. The Securities and Exchange Commission (SEC) had its second busiest year for FCPA enforcement, with 14 actions, and has created a specialized unit devoted solely to FCPA investigations. Corporate fines have reached record levels ' $1.6 billion in global penalties in the case of Siemens A.G., and $579 million in penalties against Halliburton/KBR.

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