Private Fund Compliance and the FCPA

Regulators have indicated for years that the financial services industry, and in particular private fund institutions such as private equity firms and hedge funds, are potential targets for enforcement actions under the U.S. Foreign Corrupt Practices Act (“FCPA”) and similar regulations. Yet, due to the historical dearth of actual enforcement actions in the private fund space, many in the industry appeared to have taken a “wait and see” approach.

Here we discuss the changing winds of enforcement activity in the private fund space, how to recognize areas of potential liability, and best practices for addressing and mitigating such risks.