Known as “The FCPA Professor” for his highly trafficked blog, Southern Illinois University Law Professor Mike Koehler spoke in Washington, DC on October 2, 2014 about what he sees as flaws in the way FCPA enforcement is carried out.
In his latest book, The Foreign Corrupt Practices Act in a New Era, Koehler dissects recent developments and trends related to the U.S. Foreign Corrupt Practices Act (FCPA) and its enforcement. Although often a critic of FCPA prosecutions, Koehler maintains that the law itself is sound and apt – even for today’s globalized corporate environment.
He submits, however, that a gap exists between the text of the FCPA statute and current DOJ and SEC enforcement. Koehler ties this gap to the large number of corporate actions, which almost always lead to out-of-court settlements, as opposed to actions against individuals which would require greater judicial review.