Is Debarment a Viable FCPA Enforcement Option


In a provocative law review article entitled “FCPA Sanctions: Too Big to Debar?” South Texas College of Law student Nicholas Wagoner and Professor Drury Stevenson, posit the question: “Are certain private contractors too big to debar?” Their conclusion is “It appears so.” In the article’s abstract it goes on to state:

The federal government is too dependent on a particular set of large, private-sector corporations for equipment and services. In addition to the virtual immunity from debarment enjoyed by these firms when they violate the FCPA, the fines imposed for engaging in foreign corrupt practices comprise a tiny fraction of the potential revenue generated by lucrative contracts with the U.S. and foreign states. When discounted by the low probability of detection, these sanctions are far too low to deter unlawful activity.

Pretty strong stuff.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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