Paul Butler Quoted by NLJ on Anticipated Resurgence in FCPA Enforcement

November 9, 2021

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The National Law Journal has quoted Akin Gump litigation partner Paul Butler in its article “After Pandemic Halts Many Investigations, FCPA Business Is Ramping Up Again.” The article examines the slowdown in recent Foreign Corrupt Practices Act (FCPA) investigations and offers predictions into future enforcement activity.

Regarding the decrease in FCPA activity, Butler notes that there were two significant factors at play: the COVID-19 pandemic, “people just weren’t traveling internationally [and] [i]t was an area where the technology really couldn’t fully enable those types of activities,” and the Trump Administration, “President Trump made several statements effectively intimating that some companies had been shaken down by the FCPA process.”

Under the Biden-Harris administration, Butler expects to see a resurgence in FCPA activity, given the government’s broader focus on national security issues. He noted, “The focus on sanctions, money laundering and transparency in offshore transactions are all tools the U.S. government is using against what it sees as bad actors in the international economy, and FCPA is increasingly framed in the same way.”

Speaking to the versatility of FCPA actions, Butler added that the work will likely become more of a cross-practice effort, saying, “This environment calls for a multipractice approach to helping clients with FCPA issues.”

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