Current market conditions, the global pandemic, and economic uncertainty have increased the likelihood of antitrust and/or false claim activity.
Federal, state and local governments are rapidly dispersing funding and intervening in business operations and supply chains, which can compound antitrust and False Claims Act (FCA) risks, especially in public procurement.
With speed comes increased stress on typical procurement practices and controls, creating potential opportunities for bad actors and/or the increased probability of unintentional violation of laws.
Increased regulatory scrutiny from DOJ is being observed related to the threat of foreign influence from bad actors and/or foreign governments.
Foreign governments, foreign controlled entities and foreign individuals are using federally funded contracts and grants provided to organizations to illegally benefit and potentially steal research and technologies.
These threats are appearing across industries including healthcare, research institutions, and industrial products.
In order to prepare for additional enforcement in these areas, compliance programs should be assessed to identify opportunities to enhance efficiency and effectiveness.
Well designed addressing multiple enforcement risks
Adequately resourced and empowered to function effectively
Working in practice and not just on paper
Manny A. Alas
Partner, Global FCPA Leader, PwC US
Partner, PwC US
Managing Director, PwC US