Should an Individual Defendant Go to Trial on FCPA Charges?  Five Important Considerations

Creative.  Aggressive.  Those are the two words a senior official at the SEC recently used to describe the government’s increasing pursuit of FCPA cases against individuals.  As The FCPA Report has indicated, a growing number of individuals are being pursued under the FCPA.  Historically, individuals – facing the potential loss of their liberty – have been more willing than companies to fight FCPA charges at trial.  With the increase in FCPA cases against individuals, it is likely that so too will the number of individuals who (like Joseph Sigelman in the PetroTiger case, who is insisting he will fight the charges against him) must consider whether the government is able to meet its burden of proof. In light of these trends, in a guest article, Michael Himmel and Steven Llanes, partner and associate, respectively, at Lowenstein Sandler, discuss five factors that an individual who is facing an FCPA action should consider when determining whether to go to trial or not.     

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