The Foreign Corrupt Practices Act Clearinghouse (FCPAC) operates as a database, a repository of original source documents, and a supplier of analytics, providing users with detailed information relating to enforcement of the Foreign Corrupt Practices Act (FCPA).
As of today, the FCPA has led to more than 400 SEC and DOJ enforcement actions involving more than 100 countries. Individual criminal prosecutions and corporate enforcement actions under the FCPA rose substantially in the late 2000s. Although the number of enforcement actions has leveled off over the past few years, enforcement continues to be robust in the United States. Countries around the world are also intensifying their efforts to abate corruption by enacting new legislation, creating new anti-corruption authorities, and participating in multilateral conventions and working groups aimed at combatting regional and global corruption.
The goal of the FCPAC is to provide investors, policymakers, scholars, judges, lawyers, the media, and the public at large with a comprehensive website for all things FCPA-related. Users can review relevant laws, read articles about FCPA compliance and enforcement, and view, search, and sort data about FCPA enforcement actions according to their individual needs and interests.
The FCPAC is composed of a number of unique but interconnected datasets: FCPA Groups, Enforcement Actions, and Entities. Information can be organized and presented in a number of different ways across each of these datasets.
An FCPA Group is a group of one or more related Enforcement Actions that share a common locality, time period, and bribery scheme. By way of example, an Enforcement Action filed by the SEC against Company A, an Enforcement Action filed by the DOJ against Company B (a foreign subsidiary of Company A), and an Enforcement Action filed by the DOJ against Individual C (an employee of Company A) may be consolidated into a single FCPA Group if all Enforcement Actions are predicated on a common bribery scheme conducted in one or more of the same localities over the same general time period. Enforcement Actions against unaffiliated entities may also be consolidated into the FCPA Group if all entities participated in a shared bribery scheme. An FCPA Group may consist of a single Enforcement Action if there are no other Enforcement Actions that satisfy the above-referenced criteria.
FCPA Groups are identified in the database according to a name that may include one or more of the following data points: the name of the common entity, the officials sought to be influenced, the country where bribes were paid, and the time period of the bribery. Organizing data by FPCA Groups allows users to assess the full scope of a common bribery scheme, and to understand the consequences of that scheme to a particular entity or set of entities.
An Enforcement Action is a proceeding that is brought by the Securities and Exchange Commission (SEC), the Department of Justice (DOJ) or both against individuals or entities based on violations of the FCPA or FCPA-related misconduct. If a proceeding raises FCPA-related claims, but does not allege a violation of the FCPA itself, the proceeding will only be included in the database if the SEC or DOJ lists the proceeding as an FCPA-related action on its website, or if the proceeding is directly “related” to an FCPA Enforcement Action. Proceedings that do not raise FCPA claims may be excluded from some statistics and analytics.
An Enforcement Action is not necessarily predicated on the filing of an official charging document. An Enforcement Action might be instituted in district court, an administrative court, or resolved entirely out of court through, for example, a Non-Prosecution Agreement. A proceeding against multiple defendants under the same court docket or administrative file number is treated as a single Enforcement Action in the database. Conversely, proceedings that are filed under different court docket or administrative file numbers, or that are prosecuted by different government agencies working independently, are treated as separate Enforcement Actions in the database. By way of example, if both the SEC and DOJ file charges against the same entity in two separate complaints under two separate court docket numbers, two separate Enforcement Actions are recorded in the database. Enforcement Actions included in the database should correspond to FCPA-related actions identified on the SEC and DOJ websites.
The Enforcement Actions dataset includes detailed information about each Enforcement Action, including the name of the defendants, the nature and scope of the bribery, the claims at issue, the resolution, and any monetary or non-monetary sanctions imposed.
An Entity is a company-defendant or other company related to an Enforcement Action. Entities include the companies charged with FCPA violations, the companies that settle with the government (even if no charges are filed), the companies that are sanctioned for FCPA violations, as well as the parent and successor companies of FCPA violators, the offending subsidiaries and predecessors, and the employers of individuals who are charged with FCPA violations. The Entities dataset provides detailed information about the Entity and identifies each of the Enforcement Actions to which the Entity (including its subsidiaries, parents, predecessors, successors, and employees) is related.
We track all FCPA-related actions brought by the SEC or DOJ since the statute’s enactment in 1977.
Our researchers gather and analyze complaints, criminal informations, indictments, settlement agreements, plea agreements and other litigation-related documents that are published on the U.S. Securities and Exchange Commission (SEC) and Department of Justice (DOJ) websites, as well as on the Public Access to Court Electronic Records (PACER) service. We also extract information from company reports filed with the SEC, press releases, news articles, academic articles, and other publicly available sources. By way of example, the case “summaries” included on the FCPAC website are often culled in substantial part from the government’s charging or settlement documents, or from press releases published in connection therewith. We are constantly fine-tuning our data gathering methodologies to ensure that we are capturing and publishing the best available data.
Because we rely entirely on publicly available sources, the breadth and accuracy of our data is necessarily limited to information that is disclosed in those sources. Information that is filed under seal or that is otherwise unavailable on PACER or other public servers will not be captured in the database. Moreover, we often rely on information that is disclosed in negotiated settlement agreements. These documents may not fully or accurately depict the business or organizational structure of the entities involved in the misconduct, the facts and circumstances surrounding the misconduct or the government’s subsequent investigation, the nature and scope of the defendant’s cooperation (or lack thereof), or the voluntary remedial measures undertaken by the defendant.
The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq., makes it unlawful for certain classes of persons and entities to make or offer to make payments to "foreign officials” to assist in obtaining or retaining business. The statute defines the term "foreign official” broadly to include any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization. A "foreign official” could be anyone from the president of a country all the way down to a healthcare worker in a government-owned hospital.
The FCPA includes an anti-bribery component, a books and records component, and an internal controls component. The anti-bribery provisions of the FCPA prohibit the corrupt offer, payment, or promise of payment of money or anything of value to a foreign official in order to obtain or retain business. Since 1977, the anti-bribery provisions of the FCPA have applied to all U.S. persons and certain foreign issuers of securities. With the enactment of certain amendments in 1998, the anti-bribery provisions of the FCPA now also apply to foreign firms and persons who cause an act in furtherance of a corrupt payment to take place within the territory of the United States.
The FCPA also requires companies whose securities are listed in the United States to meet its accounting provisions. See 15 U.S.C. § 78m. These accounting provisions, which were designed to operate in tandem with the anti-bribery provisions of the FCPA, require corporations covered by the provisions to (a) make and keep books and records that accurately and fairly reflect the transactions of the corporation and (b) devise and maintain an adequate system of internal accounting controls.
The data cannot be automatically downloaded or exported into a spreadsheet or other document. However, you should feel free to use the data that you can obtain from this website for academic research purposes. You are not allowed to distribute the data available on this website or to commercialize or publish the data on your own website or any other media outlet.
Data in the FCPAC may be updated on a daily, weekly, or monthly basis, depending on the level of activity.
In the future, we may expand the Clearinghouse to include FCPA investigations, related class actions, related derivative actions, and global anti-corruption actions and investigations.
Yes, most documents that are posted on the site can be downloaded and printed for free. However, we do not have the resources to mail or fax paper copies of documents to users.
No. While we will answer general questions related to the nature, scope, and operation of the FCPAC, we are not able to provide legal advice.
Please review the Resources section of this website, which provides detailed information about FCPA and anti-corruption-related resources, laws, academic articles, and relevant conferences and seminars. Analysis and reports related to FCPA enforcement are also available on the Sullivan & Cromwell publications page.
This project is made possible only through the vision and generosity of Sullivan & Cromwell LLP and the Arthur and Toni Rembe Rock Center for Corporate Governance.
Sullivan & Cromwell LLP is a global law firm that advises on major domestic and cross-border M&A, finance, corporate and real estate transactions; significant litigation and corporate investigations; and complex restructuring, regulatory, tax and estate planning matters. Founded in 1879, Sullivan & Cromwell LLP has more than 800 lawyers on four continents, with four offices in the United States, including its headquarters in New York, three offices in Europe, two in Australia and three in Asia.
Sullivan & Cromwell LLP provides valuable financial and analytic support for this website.
The The Arthur and Toni Rembe Rock Center for Corporate Governance (the Stanford Rock Center) was created to advance the understanding and practice of corporate governance in a cross-disciplinary environment where leading academics, business leaders, policy makers, practitioners and regulators can meet and work together.
Stanford Rock Center provides financial, analytic and management support.
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As an FCPAC subscriber, you will receive free email notifications of recent FCPA enforcement actions, settlements, and opinions. You may also receive notifications of FCPA-related publications and analysis issued by the FCPAC or Sullivan & Cromwell LLP. These notifications will keep you informed about new FCPA enforcement actions and developments in ongoing actions. You will also be alerted to judicial interpretations of the FCPA, as well as trends and analysis of FCPA activity. Congratulations on taking an important step toward FCPA awareness and compliance.
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