Extract from Carolyn Casey, JD’s article “Corruption Won’t Take a Time-out During the COVID-19 Crisis”
Before the COVID-19 crisis, experts predicted that Foreign Corrupt Practices Act (FCPA) enforcement would remain active in 2020. Even if the pandemic slows down initiation of FCPA government investigations, there’s certainly no guarantee that corrupt agents/intermediaries will stop engaging in risky behavior while attempting to secure business overseas. Here are a few things to keep in mind regarding FCPA monitoring and investigations during the COVID-19 crisis.
Remain Vigilant During COVID-19 Crisis
During this global health crisis when more employees than ever are working from home offices, it’s important to keep a vigilant eye on FCPA compliance across your organization. Without co-workers in the next cubicle or office, bad actors may be emboldened to engage in corrupt activities, speaking freely on the phone or even having home meetings with agents and intermediaries out of the sight of co-workers. In addition, employees have ready access to their personal laptops in home offices where they may attempt to hide communications with intermediaries while plotting and executing potential bribery schemes.