Becoming the subject of a bribery investigation can lead to extraordinary reputational damage and enormous cost. Boards

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Becoming the subject of a bribery investigation can lead to extraordinary reputational damage and enormous cost. Boards are, as a result, increasingly devoting attention to detecting bribery and creating an environment in which such behavior is discouraged. Since 1977, the Foreign Corrupt Practices Act (FCPA) has made it illegal for a U.S. company to bribe a foreign official to violate local law in order to obtain or maintain business or to secure an improper advantage. It also prohibits false accounting for payments (for example, entering a bribe on the books as a “consulting fee”). Note that it is not illegal to bribe a foreign official to do a ministerial act that is not in violation of local law (for example, bribing a corrupt foreign government clerk to actually issue the construction permits to which a company is lawfully entitled). While originally enforcing the FCPA only tepidly, Department of Justice action has been vigorous since the late 1990s.


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Is the Foreign Corrupt Practices Act needed? Explain.

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Law Business And Society

ISBN: 9781260247794

13th Edition

Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker

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