Is More Aggressive FCPA Enforcement on the Horizon?

Michael McGovern and Steven Goldschmidt have authored “Snaring ‘Control Person’ Executives in FCPA Liability: How Sharp is the §20(a) Saber the SEC Has Been Rattling?” for a special white collar crime supplement of the New York Law Journal. In it, the two Ropes & Gray litigators say the recent settlement of an SEC enforcement action in which the SEC invoked §20(a) of the Securities Exchange Act of 1934 to impose FCPA liability on two corporate executives for allegedly failing to supervise subordinates’ accounting activities may be “a harbinger of even more aggressive FCPA enforcement to come.”