Passed in the wake of the Watergate Scandal and enforced only sporadically for two decades, the Foreign Corrupt Practices Act has emerged as a potent and feared law enforcement tool. In recent years, U.S. authorities have zealously enforced the FCPA, seeking historically high fines for corporations and significant jail time for executives.
The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement covers all aspects of the FCPA. It methodically explains its stringent accounting and recordkeeping requirements, the practices for which corporations and individual officers and directors can be held civilly and criminally responsible, essential steps for compliance and mitigation of penalties, and other vital subjects.
Identify the Red Flags of Foreign Corrupt Practices Risk
When will American companies and their officers and directors be held responsible for the practices of non-U.S. subsidiaries? What constitutes “knowledge” and “corrupt intent”? How do the internal controls needed for compliance with the FCPA differ from those needed for compliance with other acts, such as Sarbanes-Oxley? This important new book answers these questions and many others.
· When the antibribery provisions apply, and the exceptions and affirmative defenses
· Book- and recording-keeping procedures and internal controls required by the FCPA accounting provisions
· Applicability of the FCPA to persons outside the United States
· Civil and criminal liability of individuals
· Key elements the DoJ and other regulators look for in evaluating an organization’s compliance program
· Due diligence, training, and contractual safeguards to minimize liability for improper acts by local representatives
· DoJ’s FCPA Opinion Procedure and the pros and cons of seeking an opinion
· Liability for the pre- or post-acquisition conduct of an acquisition or investment target
· Conducting effective FCPA internal investigations and how to disclose the findings
· Multi-jurisdictional investigations, including gathering evidence and compelling testimony overseas
· Global anti-corruption regulation, with a detailed look at Germany and China
· A guide to the United Kingdom Bribery Act 2010
Indispensable Advice on Avoiding Missteps and Minimizing Liability
In an increasingly global economy, it is easier than ever for corporations, officers and directors to be blindsided by the consequences of improper actions occurring far away. The authors, expert practitioners specializing in FCPA cases, reveal numerous hidden pitfalls and provide helpful guidance for attorneys dealing with almost any FCPA-related eventuality. Whether you are exploring when the "facilitating payment exception" applies or what to do with the results of an internal investigation, look no further than this valuable book.