Private Equity Gets The FCPA Limelight

Law360, New York (November 1, 2013, 6:20 PM EDT) -- With almost 100 open investigations, the U.S. government remains vigilant in the pursuit of would-be violators of the U.S. Foreign Corrupt Practices Act. Recent trends suggest increased risks for private equity firms investing in assets with foreign operations, with U.S. and other regulators increasingly scrutinizing financial transactions. In contrast to sectors historically targeted by the U.S. Department of Justice and the Securities and Exchange Commission, such as pharmaceuticals and energy, the financial services sector, and private equity firms in particular, had managed to avoid the FCPA limelight. The landscape appears to be changing as the DOJ and SEC are pursuing anti-corruption investigations of financial institutions, levering in some respects the new reporting requirements for private equity firms and hedge funds under the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act....

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