Professor Koehler is an active writer on all aspects of the FCPA and related topics and his work has been cited in legal briefs, judicial decisions, policy papers, Congressional testimony, and the media.
In writing on bribery and corruption topics, it is tempting to take the position that because bribery (however defined) is inherently bad, all attempts to enforce bribery laws must therefore be inherently good. This is not a position advanced by Professor Koehler as corporate bribery is not, as Congress recognized in passing the FCPA, the “simple, safe issue it seemed at first blush.”
Professor Koehler’s FCPA views can be summarized as follows.
- The FCPA is a fundamentally sound statute, albeit one that could be improved upon.
- Actual legal authority defines what the FCPA means, not non-legal sources of information such as enforcement agency guidance or resolved enforcement actions.
- In a legal system founded on the rule of law, success is best measured when an enforcement agency is put to its burden of proof in the context of an adversarial system, not when an enforcement agency exercises its leverage to secure settlements against risk-averse business organizations through resolution vehicles not subjected to any meaningful judicial scrutiny.
- Prosecuting individuals achieves greater deterrence than corporate-only enforcement.
- Trade barriers and distortions are often the root causes of bribery and a reduction in bribery will not be achieved without a reduction in trade barriers and distortions.
- The U.S. crusade against bribery suffers from several uncomfortable truths, including a double standard regarding corporate interaction with “foreign officials” under the FCPA and corporate interaction with U.S. officials under other U.S. laws.
This page provides an overview of Professor Koehler’s books and other writings.
THE FOREIGN CORRUPT PRACTICES ACT IN A NEW ERA
Understanding the FCPA’s new era is a fundamental skill-set for a diverse group of professionals navigating the global marketplace. This book provides a toolkit that will assist readers from the boardroom to the courtroom to the classroom better understand the FCPA, FCPA enforcement, FCPA compliance strategies, and the many legal and policy issues present in this new era.
This book is the first of its kind as it injects innovative concepts into the study of the FCPA and FCPA enforcement and it places an emphasis on learning FCPA issues incrementally in the belief that various foundational knowledge will best enhance understanding and comprehension of specific FCPA topics.
What Others Are Saying
Michael Mukasey, former U.S. Attorney General
“Professor Koehler has brought to this volume the clear-eyed perspective that has made his FCPA Professor website the most authoritative source for those seeking to understand and apply the FCPA. This is a uniquely useful book, laying out systematically the history and rationale of the FCPA, as well as its evolution into a structure governed as much by lore as by law. It will be valuable both to those who counsel international corporations, whether in connection with immediate crises or long-term strategies; and to those who contemplate what the FCPA has become, and how it can be improved.”
Professor Daniel Chow, The Ohio State University Moritz College of Law
“This is the single most comprehensive academic treatment of the Foreign Corrupt Practices available. Professor Koehler’s book will become the authoritative standard for the field. The book not only treats the history of the FCPA, but analyzes the statute’s elements in detail, discusses current cases, and makes proposals for reforms where the current law is deficient. The book is written in a clear, accessible style and I will use it often as a resource for my own scholarly work.”
Richard Alderman, former Director of the UK Serious Fraud Office
“An excellent and thought-provoking book by a great expert. Backed up by rigorous analysis of cases, Professor Koehler constantly challenges those involved in anti-corruption work by asking the question ‘why?’ He puts forward many constructive and well-argued suggestions for improvements that need to be considered. I have learned a lot from Professor Koehler over the years and I can thoroughly recommend this book.”
For additional reviews of “The Foreign Corrupt Practices Act in a New Era”
See here ”[The FCPA in a New Era] should become one of the standard texts for any FCPA compliance practitioner, law student studying the FCPA or anyone else interested in anti-bribery and anti-corruption. It should be on your FCPA library bookshelf”
See here - ”Mike Koehler’s new book is probably the best book we’ve read about the FCPA. [...] For those wanting a pair of ‘FCPA goggles’ no book is, in our opinion, better.”
See here – “If you care about the rule of law [The FCPA in a New Era] is one of the most important books you can read – to learn how it is being eroded. Professor Koehler’s book … is a must read for people who care about law reform.”
Leading law reviews, journals and other publications have published Professor Koehler’s scholarship and all of his writings can be downloaded here. Professor Koehler’s scholarship includes the following articles.
This article discusses various pillars that contribute to the facade of FCPA enforcement and highlights that the FCPA, during its decade of resurgence, is being enforced like no other law.
This article is the most extensive piece ever written about the history of the FCPA and it weaves together information and events scattered in the FCPA’s voluminous legislative record to tell the FCPA’s story through original voices of actual participants who shaped the law.
This article asserts that the current FCPA enforcement environment does not adequately recognize a company’s good faith commitment to FCPA compliance and does not provide good corporate citizens a sufficient return on their compliance investments.
This Article highlights that settlement amounts in an actual FCPA enforcement action are often only a relatively minor component of the overall financial consequences that can result from FCPA scrutiny or enforcement in this new era.
This Article explores through various case studies and examples whether the United States’s crusade against bribery suffers from uncomfortable truths and double standards. Through these case studies and examples, readers can decide for themselves whether the U.S. government “practices what it preaches” when it comes to the enforcement of bribery laws and whether the United States is indeed “in a unique position to spread the gospel of anti-corruption.”
In addition to the above, and other articles, each year Professor Koehler publishes an extensive FCPA year in review. Put them all together and you will have an extensive collection of FCPA statistics, trends, and analysis over time.