The Dun & Bradstreet Enforcement Action — A Microcosm of the Many Problems with FCPA Enforcement

The April 2018 Foreign Corrupt Practices Act enforcement action against The Dun & Bradstreet Corp. (D&B) was in many respects unremarkable. The $9.2 million settlement amount was nowhere near the top FCPA settlements and the enforcement action did not usher in any new enforcement theories. Because of this, most FCPA observers likely just recorded the enforcement statistics and moved on. This would be a mistake however because, as highlighted in this article, the unremarkable D&B enforcement serves as a microcosm of the many problems with FCPA enforcement ranging from the length of scrutiny, to various legal and remedy issues, to even absurd commentary that often follows FCPA enforcement