The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act: What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know

With the enactment of the Dodd-Frank Wall Street Reform and Consumer ProtectionAct (Dodd-Frank Act),1 government authorities are no longer the only ones with a monetaryinterest in ferreting out those who violate federal laws. Specifically, section 922 of the DoddFrank Act provides a whistleblower program that rewards individuals who assist the Securitiesand Exchange Commission (SEC) in uncovering securities violations, including ForeignCorrupt Practices Act (FCPA) violations. Because the Dodd-Frank Act allows individualwhistleblowers to reap significant benefits by reporting offenders and because the SEC andDepartment of Justice (DOJ) have increased FCPA prosecutions in recent years, globalcompanies and their employees, especially those in the pharmaceutical and medical deviceindustry, should understand how the Dodd-Frank Act and the FCPA intersect.