Courageous Correspondents: Recent Foreign Corrupt Practices Act-Related Scholarship that Rocked the Boat
Richard L. Cassin
A few years ago, after a dozen or so enterprising law students asked me what Foreign Corrupt Practices Act (FCPA)-related topics were ripe for research, I answered with a post on the FCPA Blog. My suggestions included: (1) respondeat superior—the legal doctrine imputing to corporate employers the criminal acts of employees; (2) the sad state of the Department of Justice’s (DOJ) Opinion Procedure Releases; and (3) the confusing condition of the FCPA’s promotional- expenses affirmative defense.
That was in the summer of 2008, six months before the blockbuster Siemens enforcement action and before the general explosion of FCPA enforcement. But law students, especially those editing and writing for law reviews, are always ahead of the curve. They can somehow sniff out the next big practice area. This time they were right again. By the end of 2010, FCPA enforcement had increased tenfold and criminal penalties in FCPA-related cases amounted to half of all criminal penalties collected by the DOJ that year.