2022 FCPA Year in Review: Clawbacks, Messaging Apps and More Enforcement to Come

In recent remarks reflecting on 2022 and what is ahead for corporate FCPA enforcement, top SEC and DOJ officials spoke generally to their investigative and prosecutorial successes and priorities, but also hinted at what they foresee from their respective departments and how companies should be preparing. Topics tracked with Deputy Attorney General Lisa Monaco’s revised policy on corporate enforcement, including: clawbacks of executive compensation, the use of data analytics in effective programs, employee use of personal devices and third-party messaging apps, individual prosecution, multilateral cooperation, monitors, CCO certifications, speedy self-disclosure, corporate recidivism, cooperation, and interagency partnerships. The Anti-Corruption Report also spoke with members of the defense bar about their take on enforcement trends. See “Revised Monaco Memo Affects Compensation, Clawbacks and Monitorships” (Oct. 26, 2022).

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