Foreign Corrupt Practices Act

defenses that don't work

everyone does it, we've always done it this way, the foreign government allowed it

corruption spectrum

facilitating payments, subtle bribery, open bribery, extortionate bribes (worst)

corruption

The debasement of integrity for money, position, privilege, or other self-benefit.

FCPA applies to

all US citizen everywhere

foreign official

employee of a foreign government or instrumentality thereof

bribe

the offer or promise of anything of value, made to a foreign official (FCPA), with the intent to obtain or retain business or to secure an unfair business advantage

is proof of payment required for an FCPA violation?

no discussion of a potential bribe is enough to incriminate someone

facilitating payment

payment to foreign officials intended to get them to do (or not to do) a duty that is within their job description

foreign corrupt practices act

prohibits bribery of a foreign official

what matters in FCPA violation

the intent of the giver, not the value of the gift