CRIM1500 Final

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The FCPA contains two separate provisions:

Anti-Bribery Provisions (DOJ) Accounting Provisions SEC)

In the real world

Borrowers are corrupt and act based on their own self interest, laundering money for their own private and personal benefit. Lenders: turn a blind eye

In theory, everyone behaves honestly and acts diligently

Borrowers: are expected to act in good faith on behalf of the country Lenders: exercise due dilligence

PENALTIES FOR BUSINESS ENTITIES -ANTIBRIBERY PROVISIONS

Civil penalty up to $10,000 Criminal fine up to $2 million

PENALTIES FOR INDIVIDUALS ANTI-BRIBERY PROVISIONS

Civil penalty up to $10,000 Criminal fine up to $250,000 and/or imprisonment up to 5 years

Odious Debt

Consent: The government of a country receives a loan without the approval of the people. Benefit: the loan is used on activities not beneficial to the people. Creditor Knowledge: The lenders know of this situation but play possum

FCPA

Foreign Corrupt Practices Act

Phone Call to Raffensperger

One of the most significant pieces of evidence is a recorded phone call in early January 2021, where Trump asked then-Georgia Secretary of State Brad Raffensperger to "find 11,780 votes," which would have pushed him over the threshold of Biden's win there1.

FIVE ELEMENTS OF A VIOLATION OF THE ANTIBRIBERY PROVISIONS:

Payment Foreign official Improper means Corrupt intent Business Purpose

Anti-bribery provisions

Persons and Businesses Prohibited from Making Improper Payments Issuers Domestic Concerns Foreign Nationals and Businesses

Garth Peterson and Morgan Stanley

Peterson, a managing director of Morgan Stanley, falsely represented facts to company in order to enrich him and his co-conspirators; eventually prosecuted and pled guilty to FCPA violations First time that the Department of Justice explicitly declined to bring any enforcement against a company for the acts of its agent The high quality of Morgan Stanley's compliance program was specifically emphasized and praised

2 Examples of Odious Debt

Philippines: For example, in the case of Philippines, Ferdinand Marcos left the nation with $28 million in debt, while he left his personal heirs $10 million. Democratic Republic of Congo For example, president of Zaire, Mobutu, and his elaborate and luxurious villa, while the citizens of Zaire suffer.

RICO

Racketeer, influenced, corrupt, organizations

Harassment and Intimidation of Fulton Countv Election Worker

Ruby Freeman false accusations were repeated to GA legislators and other officials to persuade them to unlawfully change the outcome of the presidential election in favor of Donald Trump members of the enterprise traveled from out of state to harass Freeman, intimidate her, and solicit her to falsely confess to election crimes that she did not commit

Trump Georgia Indictment:

Trump lost the 2020 presidential elections. One of the states he lost was Georgia. Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump. That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states

Georgia RICO Act:

Violation of the act is a felony, which provides for a prison term of 5 - 20 years; a fine of three times the amount of money gained from the criminal activity, but no less than $25,000; or both

What did RICO aim to regulate?

Was designed to take down crime groups, however, it is been most effective against accounting firms, brokerage houses, and banks (75% of the cases involve securities fraud)

Transparency in Defence Expenditures (TIDE)

designed to fight corruption in military expenditures

Compliance and Ethics Programs

designed to limit corruption within a company

Trump Indictment Charges

false statements and writings, impersonating a public officer, forgery, filing false documents, influencing witnesses, computer theft, computer trespass, computer invasion of privacy, conspiracy to defraud the state, acts involving theft, and perjury.

What is Capital Flight?

when the upper class moves their money to foreign banks in more stable economies Mobutu moving the government's money elsewhere


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