In the Episode, I have back Philip Urofsky, a partner at Shearman & Sterling and editor of the firm’s FCPA Digest. Urofsky joins me to discuss the 2020 FCPA Digest and where anti-corruption enforcement may be headed in 2021. Some of the highlights include:

  1. Intro of the Shearman and Sterling FCPA Digest. What is it? How is compiled and produced?
  2. 2020 saw total sanctions of approximately $8.24 billion, making 2020 a record-shattering year in terms of quantum of FCPA enforcement penalties. What does this mean going forward?
  3. There was growing cooperation between the FCPA enforcement agencies and other U.S. government entities, including OFAC and the CFTC. What might this mean for anti-corruption enforcement going forward? What might be the impact of CFTC enforcement of the FCPA going forward?
  4. Did the international cooperation and enforcement in the Goldman Sachs FCPA enforcement action by state agencies such as the New York DFS signal another type of increased cooperation in investigation and enforcement?
  5. Does the prosecution of Thomas Moyer Apple Global Head of Security, indicate a potential shift in the theoretical underpinnings of FCPA enforcement? Read in conjunction with the Relator’s actions in Opinion Release 20-01, might this signal a new approach to FCPA application?
  6. Will the application NDAA influence or even inform FCPA requirements around due diligence on third-parties which are shell companies?
  7. What, if any, changes to FCPA enforcement under the Biden Administration?


Check out a copy of the Shearman & Sterling FCPA Digest here.