Foreign Corrupt Practices Act Cases & Investigations
Our law firm handles all types of FCPA cases and investigations. This is a new and growing practice area at the federal level basically involving the bribing or giving of something of value to a foreign official or entity to gain business advantage.
- What Is The Foreign Corrupt Practices Act? How Does It Apply To My Situation?
- Who Can Be Held Liable Under The Foreign Corrupt Practices Act?
The Foreign Corrupt Practices Act (FCPA) is a law that outlines two main provisions: accounting transparency requirements and matters concerning the bribery of foreign officials. The FCPA has become a top priority for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). Both sectors have increased their resources toward prosecuting civil and criminal offenses concerning the FCPA. With continued enforcement, many businesses and individuals can be vulnerable to violations if they are not careful and do not take adequate measures to safeguard their business practices. An attorney handling foreign corrupt practices can be invaluable with assisting an individual or company in matters regarding FCPA cases and investigations. The Forman Law Group is committed to helping businesses and individuals by defending and protecting against foreign corrupt practices charges and accusations.
Now more than ever, businesses and individuals have an expanding global reach. An expanding global reach, however, comes with more strict regulations and laws against foreign corrupt practices. As a result, the United States is not the only country enforcing or adopting regulations and laws against foreign corrupt practices. Many countries have also begun to instill foreign anti-corruption laws. Therefore, any business or individual who conducts business with a foreign entity should be extremely vigilant of all the governing laws that could affect them with foreign policy and foreign corrupt practices.
It is important to note that anyone who has violated the FCPA can be held liable. This means that a person does not have to be a U.S. citizen to be held responsible. The FCPA also does not require that a business be located or based in the United States to apply. As long as transactions are made in U.S. dollars, and a U.S. banking system is used, the DOJ and SEC have jurisdiction to file suit. This is an area where an experienced attorney handling foreign corrupt practices should be enlisted if an aggressive defense against foreign corruption accusations or charges is required.
As previously mentioned, the FCPA covers two main provisions, one of them being matters concerning bribery of foreign officials. Bribery can be defined as payments made to a foreign official to obtain or maintain business or influence.
Under the FCPA, it states – that a bribery offense is committed when a covered entity or individual willfully makes or authorizes, either directly or indirectly, a payment, offer, or promise of value to any foreign official. The bribery can be made or given to a foreign political party, party official, candidate for foreign political office, or middleman. The bribery has to have corrupt intent with the purpose of influencing an official act or decision.
The second primary provision involves accounting transparency. The FCPA requires that all entries in company books and records be accurate, legitimate, and unfalsified. In other words, it is unlawful to cover up corrupt practices by entering false entries in company accounting books and records.
With the FCPA becoming more rigid and stringent against foreign corrupt practices, it is crucial to seek the legal counsel of an attorney who is knowledgeable with the FCPA. At the Forman Law Group, we are dedicated to helping individuals, companies, and businesses fight against foreign corrupt charges and accusations.
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