Court Split Likely To Lead To More FCPA Whistleblowing

Law360, New York (February 13, 2014, 1:42 PM EST) -- Two burgeoning — and seemingly disparate — legal trends affecting Foreign Corrupt Practices Act enforcement have emerged recently. These forces may presage a marked increase in whistleblower-driven FCPA investigations as well as the shareholder suits such corporate fraud investigations tend to inspire.

First, federal regulators and prosecutors continue their high-profile expansion of FCPA enforcement. Federal authorities began to prioritize such actions in the early 2000s, and the heightened whistleblower protections afforded FCPA informants under the Dodd-Frank Wall Street Reform and Consumer Protection Act have contributed to the program’s ongoing growth in more recent years. Second, a recent divide among federal courts...

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