• In 2004, the DOJ collected about $11 million in criminal fines. In 2009 and 2010 combined, the DOJ collected nearly $2 billion in criminal fines.

  • The FBI has trained a special investigative unit for FCPA violations.

  • FCPA enforcement officials currently have more than 150 criminal and 80 civil investigations underway.

  • New FCPA whistleblower provisions increase risks.

  • In 2010, 52 individual businesspeople were indicted, sentenced, or convicted and are awaiting sentencing for FCPA violations.

  • Enforcement officials resolved 6 FCPA enforcement actions in 2002. In 2010, they resolved 71.

  • In 2010 alone, five FCPA settlements exceeded $100 million.

  • The amount of FCPA penalties tripled between 2009 and 2010.

  • Individuals are facing significant FCPA fines and jail time for authorizing improper payments.

  • FCPA actions are increasingly brought against small and medium-sized companies as well as high-profile multinational corporations.


Compliance Audits

Matteson Ellis Law, PLLC assists companies in conducting compliance audits and implementing remedial action.

A compliance program must be assessed and updated periodically to maintain its effectiveness. Enforcement officials instruct that programs must be “dynamic, not static.” Companies should conduct regular audits to test their practices in key areas such as sales, hiring, retention of third parties, government relations, books and records, and internal controls. These reviews and audits should be tailored to focus on high-risk areas.

If a questionable act is discovered, a company can mitigate liability by showing enforcement officials that it took reasonable and proactive steps to prevent the violation. The company should also take appropriate remedial steps to prevent recurrence.

Yerevan, Armenia