Boardroom Governance Newsletter

Boardroom Governance Newsletter

FCPA, International Cooperation, Global Settlements and Focus on Latin America

The Foreign Corrupt Practices Act of 1977 (“FCPA”) was enacted for the purpose of making it unlawful for certain classes of persons and…

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Evan Epstein
May 29, 2018
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Location of Improper Payments (All Years). Source fcpa.stanford.edu

The Foreign Corrupt Practices Act of 1977 (“FCPA”) was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.

The Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) share enforcement authority for the FCPA’s anti-bribery and accounting provisions. The DOJ and the SEC also work with many other federal agencies and law enforcement partners to investigate and prosecute FCPA violations. For example, the DOJ regularly works with the Federal Bureau of Investigation (“FBI”) to investigate potential FCPA violations. In 2015, the FBI — in conjunction with the DOJ’s Fraud Section — announced another weapon in the battle against foreign bribery: the establishment of three dedicated international corruption squads, based in New York City, Los Angeles, and Washington, D.C.

In …

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