In the first half of 2020, the overall number of corporate enforcement actions dropped somewhat from recent years, with only six actions brought by the DOJ and SEC. The number of individual enforcement actions dropped as well, with only five individuals charged or indictments unsealed in the first half of 2020. As a benchmark, U.S. officials brought nineteen corporate enforcement actions in the last six months of 2019 and charged (or unsealed charges against) eighteen individuals. This year provides a significant departure from past enforcement trends, due of course to the novel coronavirus outbreak, which has commanded the nation’s attention and disrupted business as usual.

Since the declaration of a national emergency in mid-March in response to the COVID-19 outbreak in the U.S. and the ensuing shuttering of normal governmental activity, the DOJ has only brought two corporate enforcement actions (Novartis Hellas and Alcon Pte) and no individual enforcement actions. In that same time period, the SEC only filed one complaint against an individual (Asante Berko) and charged two companies with FCPA violations (Eni S.p.A. and Novartis AG). Whether FCPA enforcement actions resume their normal frequency in the second half of 2020 remains to be seen; for the moment, a dearth of publicly announced FCPA cases may lead to a build-up of prepared indictments and charges.