CFTC Intentions Unclear In Foreign Corrupt Practice Advisory

Law360 (March 7, 2019, 10:02 PM EST) -- This week, the U.S. Commodity Futures Trading Commission made waves by announcing its entry into the foreign bribery space. In an American Bar Association conference panel discussion and written advisory, Enforcement Director James McDonald outlined cooperation credit guidelines for "violations involving foreign corrupt practices."

The enforcement advisory coyly leaves open a million-dollar question: What are "violations involving foreign corrupt practices" under the CFTC’s purview? To date, that’s not been an area of focus, and it’s not immediately obvious what the CFTC means.

The advisory’s language undeniably conjures up the Foreign Corrupt Practices Act. The FCPA’s anti-bribery provisions, simply put, prohibit making bribes...

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