A Deep Dive Into the NDAA: What Statute of Limitations Applies to the FCPA’s Anti-Bribery Provisions?

Although Section 6501 of the NDAA may have clarified and enhanced the SEC’s disgorgement authority in certain respects, the scope of its application, particularly in the FCPA context, remains to be determined. In the first part of a three-part guest article series, Lucinda Low, Christopher Conte and Daniel Podair of Steptoe dissect whether the anti-bribery provision of the FCPA applicable to issuers is a scienter-based statute subject to the NDAA’s 10-year statute of limitations. The second article will address the application of the NDAA’s expanded limitation period to the FCPA’s accounting provisions, and the final segment will address how the NDAA’s provisions affect disgorgement. See “What to Expect From the Biden Administration’s New Anti-Corruption Tools” (Mar. 3, 2021).

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