Claudius Sokenu on FCPA enforcement

About Claudius Sokenu

In a 2018 FCPA Flash Podcast appearance, Claudius Sokenu discussed his experience with the Foreign Corrupt Practices Act from three perspectives: as an SEC enforcement attorney, a law firm practitioner, and an in-house compliance specialist. Sokenu said he considered the in-house role the most difficult, describing it as a front-line position where lawyers must make real-time decisions, change internal behaviors, and educate business colleagues under pressure. He stated that government lawyers often lack the business knowledge and international exposure that business people have when making judgment calls, and he characterized some recent FCPA enforcement as "hindsight enforcement" that judges decisions with the benefit of 20/20 hindsight. Sokenu also commented on government enforcement practices, saying that too often the government relies on outside law firms to run investigations instead of doing their own work, which he said harms the development of the law and the quality of government lawyers. He described the prosecution of individuals as "the saving grace" for achieving meaningful accountability, and he called for greater clarity and transparency from the government about why decisions are made. Sokenu noted that the government's inability to give straight answers on facilitation payments can be particularly frustrating during M&A transactions, and he observed that speed in addressing problems often determines whether a company receives a monitor or harsher treatment.

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