Recent Supreme Court Cases Could Affect Future FCPA Enforcement

August 5, 2016

O’Melveny’s Ronald Cheng, Jeremy Maltby, and Alexander Wyman co-authored the August 5, 2016, Global Investigations Review article “Recent Supreme Court Cases Could Affect Future FCPA Enforcement.” In the article, the authors argue that two recent US Supreme Court decisions may affect the US government’s extraterritorial anti-corruption enforcement program.

“The government has made clear in recent years that cross-border enforcement of the FCPA is a priority, with eight of the top ten largest FCPA enforcement actions involving foreign companies,” the authors wrote. The cases — RJR Nabisco Inc. v. European Community and Ocasio v. United States — they continued, “may bolster this trend by providing the government with additional justification for exercising jurisdiction over foreign companies not listed on a US exchange and foreign persons acting outside the United States.”