Publication
September 23, 2013

In this article, Jenner & Block Partner Reid J. Schar and Associate Blake P. Sercye urge companies to maintain risk-specific and evolving anticorruption compliance programs to help avoid punishment for violations of the Foreign Corrupt Practices Act (FCPA).  The authors review the implications of a joint memorandum that the U.S. Department of Justice and Securities and Exchange Commission released in 2012; both agencies stressed that risk-specific and evolving compliance programs played a critical role in regulators’ decisions not to prosecute companies.  They conclude that “history suggests that companies with such compliance programs, as they should, stand a greater chance of avoiding prosecution than those with static, off-the-shelf compliance programs.”