SIU Law offers new, unique course on Foreign Corrupt Practices Act

Southern Illinois University



SIU Law offers new, unique course on Foreign Corrupt Practices Act

August 17, 2013

Assistant Professor Mike Koehler, founder and editor of the website FCPA Professor, and Southern Illinois University School of Law are pleased to announce that Professor Koehler will be offering a Foreign Corrupt Practices Act (“FCPA”) course at SIU during the Fall 2013 semester.

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The course is believed to be one of the first specific FCPA law school classes offered that is exclusively devoted to the FCPA, FCPA enforcement, and FCPA compliance.

Professor Koehler notes, “understanding the FCPA’s new era is a fundamental skill-set for lawyers and other professionals navigating the global marketplace. Simply put, the FCPA needs to be part of future lawyers' professional vocabulary and skill-set.”

The FCPA has emerged as a top legal and compliance concern for business organizations – both public and private and across a variety of industry sectors – doing business in the global marketplace.

The course, developed by Professor Koehler and using his forthcoming book “The Foreign Corrupt Practices Act in a New Era” (Edward Elgar Publishing forthcoming 2014), is an in-depth study of the FCPA, its enforcement, and related issues. Students will dissect the FCPA’s new era and in doing so will confront the FCPA statutory text, legislative history, judicial decisions, enforcement agency guidance, and resolved FCPA enforcement actions.

"We are very excited that Professor Koehler has designed this new course on the FCPA. His expertise on the Act is recognized nationally and internationally, so this is a great way to make sure that our students benefit from his knowledge and experience,” said Dean Cynthia Fountaine. “The course is also consistent with SIU Law's commitment to skills-based learning, and it complements two of our new specialization programs:  International and Comparative Law; and Business and Transactional Law,” she added.    

The students' skills will be developed through the following learning objectives for the course:

(i) understanding the events and policy reasons that motivated Congress to enact the FCPA;

(ii) developing a comprehensive understanding of the FCPA’s anti-bribery provisions and books and records and internal controls provisions;

(iii) analyzing legal, ethical and policy issues associated with FCPA enforcement;

(iv) understanding the FCPA’s long tentacles and how actual FCPA enforcement actions brought by the DOJ and/or SEC are often just one consequence of FCPA scrutiny;

(v) gaining practical FCPA compliance skills including the ability to conduct an FCPA risk assessment and develop FCPA compliance policies; and

(vi) analyzing whether the FCPA and FCPA enforcement policies are best achieving the objectives of the FCPA or whether FCPA reform is warranted.

While the course is about a specific statute and its enforcement, learning objectives for this course also include understanding:

(i) other general legal principles such as corporate criminal liability and the hierarchy of legal authority and other sources of information;

(ii) how business organizations operate in the global marketplace and the realities of the global marketplace; and

(iii) Department of Justice and SEC enforcement policies and resolution vehicles.

Koehler can be reached at