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"FOREIGN CORRUPT PRACTICES"
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Strategies for minimizing risk under the Foreign Corrupt Practices Act and related laws
\"In the minds of some, complying with the U.S. Foreign Corrupt Practices Act and related laws is easy: 'you just don't bribe.' The reality, as sophisticated professionals should know, is not so simple. This book is for professionals across various disciplines who can assist in risk management and want to learn strategies for minimizing risk under aggressively enforced bribery laws. Written by a leading expert with real-world practice experience, this book elevates knowledge and skills through a comprehensive analysis of all legal authority and other relevant sources of information. It also guides readers through various components of compliance best practices from the fundamentals of conducting a risk assessment, to effectively communicating compliance expectations, to implementing and overseeing compliance strategies. With a focus on active learning, this book allows readers to assess their acquired knowledge through various issue-spotting scenarios and skills exercises and thereby gain confidence in their specific job functions. Anyone seeking an informed and comprehensive understanding of the modern era of enforcement of bribery laws and related risk management strategies will find this book to be a valuable resource including in-house compliance personnel, FCPA and related practitioners, board of director members and executive officers.\"-- Provided by publisher.
Book
Bribery and corruption : navigating the global risks
As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially.Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions.
eBook
Foreign Corrupt Practices Act
\"This book is a practical business guide for managers and executives covering bribery and FCPA compliance issues that they need to understand to ensure they are not exposing their organization to charges. While it stands alone and is a great resource for those interested in understanding these issues for their own professional growth, it is also meant to be used as a training tool by organizations who wish to mitigate their risk to FCPA violations. The author plans to include a certification page that employees sign and return for inclusion in their personal files\"--
eBook
The Mueller report
\"Read the findings of the Special Counsel's investigation into Russian interference in the 2016 election, complete with accompanying analysis by the Post reporters who've covered the story from the beginning. This edition from The Washington Post/Scribner contains: --The long-awaited report -- An introduction by The Washington Post titled 'A President, a Prosecutor, and the Protection of American Democracy' --A timeline of the major events of the Special Counsel's investigation from May 2017, when Robert Mueller was appointed, to the present day --A guide to individuals involved, including in the Special Counsel's Office, the Department of Justice, the FBI, the Trump Campaign, the White House, the Trump legal defense team, and the Russians --Key documents in the Special Counsel's investigation, including filings pertaining to General Michael T. Flynn, Paul Manafort, Michael Cohen, Roger Stone, and the Russian internet operation in St. Petersburg. Each document is introduced and explained by Washington Post reporters. One of the most urgent and important investigations ever conducted, the Mueller inquiry focuses on Donald Trump, his presidential campaign, and Russian interference in the 2016 election, and draws on the testimony of dozens of witnesses and the work of some of the country's most seasoned prosecutors. The Special Counsel's investigation looms as a turning point in American history.\"-- Provided by publisher.
BOOK
Severity of US sanctions against foreign firms: evidence from the FCPA enforcements
Purpose
The purpose of this study is to examine whether foreign firms pay disproportionately higher monetary penalties after controlling for factors that affect the sanctioning of the firm.
Design/methodology/approach
In this paper, a cross-sectional data analysis has been used to examine the enforcement actions of the Foreign Corrupt Practices Act (FCPA) against all private and public companies from 1978 to 2019.
Findings
The findings indicate that that foreign firms pay disproportionately higher monetary penalties than domestic firms after controlling for factors that affect the sanctioning of firms. On average, foreign firms pay $43.3m more to the US government than US firms pay. This is a considerable difference in monetary penalties and equal to 68.95% of the average monetary penalty.
Originality/value
This paper shows that the US government treats US firms more favorably than foreign firms in monetary sanctions. Because the FCPA is not applied equally, this is contrary to US government guidelines and to the rule of law. The government needs to reconsider the consequences of imposing disproportionately higher penalties on foreign firms. Given the lack of judicial scrutiny of the FCPA settlement amounts against foreign firms, prosecutorial harshness against them can be remedied by amending the FCPA to eliminate the unequal treatment of foreign entities.
Journal Article
Foreign corrupt practices act compliance guidebook
Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.
eBook
The Foreign Corrupt Practices Act: Why It Fails to Deter Bribery as a Global Market Entry Strategy
Recent studies (Cragg and Woof, Bus Soc Rev 107(1):98–144, 2002; Weismann, J Bus Ethics 88:615–66, 2009) revealed that in the first 28 years of its existence, the Foreign Corrupt Practices Act was not enforced by the federal government. The Weismann study further concluded that the FCPA, designed by Congress as a self-regulatory model of corporate governance, failed to achieve the regulatory goal of deterring global bribery by U.S. companies. The current article addresses the reasons that the FCPA remains an ineffective measure to control bribery as a global market entry strategy despite the highly publicized 2006 Department of Justice initiative to increase prosecutions and tighten enforcement efforts. The failure arises out of both the increased use of informal dispositions of case prosecutions, (including non-prosecution and deferred prosecution agreements), which has made \"getting caught\" merely an increased \"cost of doing business\" and the failure to close the regulatory gaps in the statute that permit violators to slip through the enforcement net. The article updates and compiles the case prosecution data for every reported case prosecuted between 1977 and 2011. That data are then compared to the results of a 2010 integrity risk survey performed by Deloitte Financial Advisory Services and Forbes which reveal a widely held global business perception that compliance and integrity risks appear to be rising sharply and that the FCPA is ineffective in deterring bribery and corruption in foreign markets. The article aims to serve as a predictive tool for policy makers and business professionals in assessing risk in the global markets, particularly as commerce intensifies in the BRIC countries, notable for bribery and corruption.
Journal Article