EBG Commentary

A Record FCPA Year for Pharma


Melissa L. Jampol, a Member of the Firm in the Health Care and Life Sciences and Litigation practices, and Elena M. Quattrone, a Law Clerk – Admission Pending – in the Health Care and Life Sciences practice, both in the firm’s New York office, authored an article in Law360, titled “A Record FCPA Year for Pharma.” (Read the full version – subscription required.)

Following is an excerpt:

While FCPA enforcement is a lucrative business for the government, bringing in billions of dollars in 2016 alone, it is likely that FCPA enforcement will change in the new administration given the new players charged with FCPA enforcement: President-elect Donald Trump; Sen. Jeff Sessions, R-Ala., Trump’s nominee for attorney general, and Walter “Jay” Clayton, Trump’s newly announced nominee for SEC chairman.

President-elect Trump has expressed skepticism in the past regarding FCPA enforcement, stating in a 2012 CNBC interview that “this country is absolutely crazy” to prosecute alleged FCPA violations that occur in other countries, and that the FCPA is a “horrible law and it should be changed.”

While Sen. Sessions has yet to comment on his position regarding DOJ FCPA enforcement since his nomination to be attorney general, he has expressed support for prosecuting corporations and individuals in white collar cases, and has stated that he considers such prosecutions to be an effective deterrent against future wrongdoing. Additionally, Sen. Sessions has demonstrated a commitment to expanding the DOJ’s ability to combat domestic bribery and corruption. For instance, in a 2011 U.S. Senate Judiciary Committee hearing, Sessions questioned the effectiveness of deferred prosecution agreements, and nonprosecution agreements in preventing future unlawful conduct. …