What must the government prove to establish a violation of the FCPA's anti-bribery provisions? What must it
Question:
What must the government prove to establish a violation of the FCPA's anti-bribery provisions? What must it prove to establish a violation of the FCPA's books and records provisions? Under what circumstances does the FCPA apply to a U.S. company that is not listed on the U.S. stock exchange? To a foreign company? To a foreign subsidiary of a U.S. company?
What were the defendants accused of doing in U.S. v. Kay? Why did the district court conclude that, even if the defendants did in fact engage in these activities, they would not have violated the FCPA? Why did the Fifth Circuit reverse?
XYZ Pharma wants to launch a clinical trial of a new drug in China. XYZ's application for authorization of the clinical trials, Chinese officials express an interest in seeing the company's U.S. facilities. XYZ proposes to fly the officials to the U.S. on a corporate jet for tours and meetings of the U.S. facilities. They also propose a couple of days of golf near the U.S. facility. Can XYZ provide this? Can it record the entire trip in its books as "manufacturing costs"?
Who is covered by the UK Anti-Bribery Act? How does the Act define a bribe? Under what circumstances can a company be convicted for "failure to prevent" bribery? What can companies do to avoid prosecution under the "failure to prevent bribery" provisions? In what ways is the UK Act stricter than the FCPA?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts