• 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.


Legal Analysis

Matteson Ellis Law, PLLC analyzes specific business transactions to determine whether they violate the FCPA. We advise clients on how to execute and document transactions to ensure that there is not even the appearance of impropriety. Given the complexity of international anti-corruption rules and foreign standards and practices, it may not always be clear to a company whether certain transactions run contrary to the law. For a transaction to violate the FCPA, it must satisfy certain legal elements and must not fit into an exception or defense. For many complex business transactions, the meaning of these elements might not be obvious.

Yerevan, Armenia