Dodd-Frank’s Extension of Criminal Corporate Liability through the Foreign Corrupt Practices Act: Enabling Whistleblowers and Monitoring Conflict Minerals

Abstract

In a sense, through its whistleblower provision, the Dodd-Frank Act has enabled the government to use corporate employee whistleblowers to support criminal prosecutions. That position finds agreement in this article, but the conclusion reached is that the results to be obtained from the whistleblower provision will be positive. Through an analysis of the Dodd-Frank Act, this article discusses further the new reach of the FCPA, particularly in light of the whistleblower and conflict-minerals provisions in the Dodd-Frank Act. Finally, this article concludes that although the new provisions can be costly, the provisions are beneficial. The traditional corporate model is now more open, as firms and individuals are required to act with greater care and, in effect, the Foreign Corrupt Practices Act has greater vitality.