LES EXAM 2 : Chapter 7 & 8

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who is liable for nonbusiness crimes

only those involved in the planning or execution of the crime or assistance after its committed

the FCPA prohibits

making, authorizing or promising payments or gifts of money or anything of value to government and NGO officials with the intent to corrupt

major difference between nonbusiness and business crimes

more people can be convicted of business crimes

deferred prosecution agreements

negotiated settlements of criminal charges against a corporate defeder

FCPA was first passed in

1977

corprations face a penalty of ? for violating FCPA

2 million per violation

individuals who violate FCPA are subject to

250,000 in fines and up to 5 years in prison

how many members does the OECD have?

38

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WHERE I LEFT OFF

the four eyes principle of internal control for the FCPA

all payments require 2 signatures

interbusiness crime occurs

among competitors and results in one business gaining a competetive advantage over others

the FCPA is the result of

an investigation by the securities and exchange commission

the FCPA contains

anti-bribery provisions as well as accounting controls

under CIAs, companies are

assigned monitors who follow up to make sure company doesnt commit any more violations

in exchange of a DPA,

company avoids prosecution

the foreign corrupt practices act is the most widely known

criminal statute that affects firms operating internationally

the FCPA was passed to

curb the use of bribery in foreign operations

CIA is a form of a

deffered prosecution agreement

sarbanes oxley makes sure companies have adequate systems for detecting

embezzlement

what individuals are covered under FCPA

foreign officials, political parties, party officials , candidates for occice, any NGO, those with the UN, olympics or IMF

the economic cooperation and development

has 38 members that work together to investigate companies activities across borders

the FCPA applies to business concerns that

have their principal offices in the US

whit collar kingpin law

imposes minimum sentences for corporate officers who mastermind financial crimes

the justice department published a resource guide for the foreign corrupt practices act that

includes the things companies can do that are not prohibited

Using a CIA,

judges can place corporations on probation

grease payments

payments to foreign officials for facilitation

shame punishment

public disclosure of an offense

key to establishing criminal liability

showing personal knoledge of wrongdoing

what countries actively enforce their anti bribery statutes

the US, Germany , norway and switzerland

under the alternative fines act,

the justice department can seek to obtain two times the benefit the bribe attempted to gain

payments to foreign officials for facilitation is not prohibitted so long as

the payments are made only to get the officials to do jobs that they would do slowly without the payment

who is covered under FCPA

this is whom gifts may not be directed

who is liable for business crimes

those in management who knew but did nothing, failed to act reasonable, or authorized the conduct

what is obtaining, retaining or directing business

winning contracts, influencing a procurement process, etc


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