FCPA Action Against Private Equity and Hedge Funds
At a recent conference, federal regulators, including the DOJ and the SEC, stated that they are aggressively pursuing investigations into private equity and hedge funds and their FCPA compliance.
Most likely, we will see a spike in enforcement issues for these funds regarding the FCPA as the new year begins. The government will undoubtedly look to see if these funds have significant FCPA compliance programs, and if there is any activity that implicates a violation of the FCPA.
Although the SEC and DOJ have suggested a concern over compliance programs, the SEC and the DOJ will still look to prosecute if such a prosecution is merited.