Mike Koehler (a.k.a. the “FCPA Professor“), an Assistant Professor of Business at Butler University, has an interesting and provocative article coming out this summer in the Georgetown Journal of International Law. The article is entitled, “The Facade of FCPA Enforcement,” and it argues that many FCPA enforcement actions are based on dubious and untested legal theories. Koehler also argues that the recent high-profile settlements with companies such as Siemens and BAE have very little deterrent effect, and that a double standard has emerged where the biggest companies are essentially “immune” from anti-bribery charges.
This morning, I interviewed Professor Koehler on these issues. A video recording of our discussion is available in this post on my Enforcement Action blog over at Compliance Week.