Jurisdiction(s):
United Kingdom

United States Department of Justice’s data analytics-led FCPA enforcement: implications, data sources and compliance priorities for UK practitioners

Published on: 21 February 2024

Published by a Law360 reporter

Legal News

Article summary

Indeed, gathering and examining business data have long formed a core part of the government’s investigative and prosecutorial toolkit in practice. Moreover, with the surge in analysis-ready datasets in recent years, collection technologies have multiplied rapidly and grown markedly more advanced. Notably, across the last 25 years the government has escalated its use of data analytics to spot and probe suspected criminal or civil fraud offences, and thereafter to bring prosecutions. Accordingly, the 29 November 2023 announcement by US Department of Justice (DOJ) policymakers that, for the first time, they are harnessing data analytics to proactively detect and pursue offences in foreign corruption matters was a logical evolution of investigative practice.

History of data analytics in federal criminal and civil fraud enforcement

The government has relied on data collection and data analysis for many years to investigate and prosecute crime as well. As early as 1914, records indicate that prescription monitoring programme data was gathered to pinpoint doctors who overprescribed opioids, and it was deployed in a criminal investigation in New York...

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