Analysis

Feds In Balancing Act When Pursuing Individuals In FCPA Cases

Law360, New York (June 6, 2017, 6:53 PM EDT) -- A New York federal judge last week upbraided Justice Department prosecutors for not going after more individual defendants in a Foreign Corrupt Practices Act case against a hedge fund, but experts say the government's decisions about when to pursue individuals are not always so black-and-white.

While the Justice Department has in recent years beefed up its FCPA enforcement capacity and directed prosecutors across the country to focus on individual culpability for corporate misconduct when developing cases, prosecutors still face challenges following through. Individual defendants are often from other countries, experts said, and they are more likely to fight charges than companies...

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