Foreign Corrupt Practices Act : a practical resource for by Aaron G. Murphy

By Aaron G. Murphy

"This booklet is a pragmatic enterprise consultant for managers and managers overlaying bribery and FCPA compliance matters that they should comprehend to make sure they aren't exposing their association to fees. whereas it stands by myself and is a brilliant source for these attracted to realizing those matters for his or her personal expert development, it's also intended for use as a coaching device by means of firms who want to Read more...

summary: "This e-book is a realistic company advisor for managers and bosses overlaying bribery and FCPA compliance concerns that they should comprehend to make sure they don't seem to be exposing their association to fees. whereas it stands by myself and is a smart source for these drawn to figuring out those matters for his or her personal specialist progress, it's also intended for use as a coaching device via agencies who desire to mitigate their threat to FCPA violations. the writer plans to incorporate a certification web page that staff signal and go back for inclusion of their own records"

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Companies facing potential prosecution for FCPA violations have a fundamental decision to make early on: to cooperate with the government or not. To be sure, as every American child learns, the burden of proof in a criminal case lies with the government, and the accused is generally under no obligation to actively help the prosecution. But the reality is that most legitimate companies choose to cooperate with government inquiries. Generally, doing this means conducting a full, independent internal investigation, at its own expense, and handing the results of that investigation over to the government.

The best defense you can have when you are sitting across the table from someone like me is: “I kept raising the issue to the right people. ” This simple act just might save your job (directors and officers generally are sympathetic to this argument) and keep you out of the government’s sights (it is hard for the government to prove you are criminally responsible when you keep raising the issue instead of keeping it quiet). But more important, if things are working right in your company, spotting issues 31 Chapter = c02 Date: Oct 14, 2010 Time: 9:11 pm Foreign Corrupt Practices Act and reporting them up won’t just give you a defense if you ever need one: It actually will result in FCPA compliance.

You want to stop the violations before they happen. It Doesn’t Matter if the Bribe Works: The Focus Is on the Intent of the Giver, Not the Effect on the Recipient This is merely a twist on the prior discussion, but the point is worth making on its own. The offer does not need to yield any actual business or other improper benefit or advantage to the company. If the offeror intends the offer to yield business or an improper advantage, that is all that matters. To circle back to where we began, if the offer is made with the requisite corrupt motive, it does not matter in the least if the offer is accepted or if any benefit is actually derived.

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