By Adam Turteltaub

The FCPA sure isn’t what it used to be, or is it?

While the headline grabbing Foreign Corrupt Practices Act cases are much less frequent than they once were, there is still substantial risk both for individuals and companies, as recent dispositions have shown.

To understand where things are we sat down with Markus Funk, partner at Perkins Coie and author of the chapter “Anti-Bribery and Corruption Compliance Programs” in The Complete Compliance and Ethics Manual 2024.

He explains that just because there aren’t cases in the news, doesn’t mean all is quiet. There may remain a steady stream of companies self-reporting violations and reaching less-formal agreements with the DOJ.

Whatever the trend may be, third parties remain the greatest risk, and the prescription stays the same. You need to know who the third party is and hire them for the right reason: their expertise and track record for success in the right way. Hiring a government official’s cousin to help get the deal remains a very bad idea.

Another bad idea:  assuming your people are not a risk area. They are. Be sure to be sensitive to internal risks. Train the workforce and work with the finance team to help them serve as an extra sets of eyes when it comes to spotting misconduct.

Above all, stay alert and be prepared to investigate possible incidents. Prosecutors still expect companies to bear the brunt of the investigative burden.