The Anti-Corruption Report recently interviewed Mike Koehler, Assistant Professor at Southern Illinois University School of Law and author of the popular blog the FCPA Professor. He has testified before Congress and written extensively about FCPA issues. Professor Koehler previously was Assistant Professor of Business Law in the College of Business at Butler University, and before that was an attorney at Foley & Lardner LLP, where he conducted FCPA investigations on behalf of companies, negotiated resolutions to FCPA enforcement actions with government enforcement agencies and advised clients on FCPA compliance and risk assessment. In the first part of our interview, which is included in this issue of the Anti-Corruption Report, Professor Koehler spoke about the long tail on FCPA violations and the “gray cloud” that hangs over companies once they self-report, and he questioned whether companies should self-report at all. See also “When and How Should Companies Self-Report FCPA Violations? (Part Two of Two)
” (Jun. 20, 2012). He also shared compliance advice in light of recent enforcement trends
relating to facilitation payments, the “obtain or retain business” element of the statute and the definition of foreign officials. In addition, Professor Koehler discussed compliance lessons arising out of the unique way the FCPA is enforced and the relative lack of judicial scrutiny of the statute.