Examples of FCPA Violations
The following violations are examples of the business practices that are considered corrupt under the provisions of the FCPA.
- An individual or organization bribes a foreign business to secure a contract.
- Failure to keep accurate bookkeeping and other financial records.
- Lack of adequate anti-bribery compliance training/policies.
- Lack of internal controls.
A couple examples of big name companies that have faced FCPA violation allegations include Ralph Lauren and Pfizer.
All Us Citizens Are Subject to FCPA Regulations
US citizens, permanent residents, private and public companies, and certain non-US entities are subject to the provisions enacted by the Foreign Corrupt Practices Act.
These laws apply to broad range of individuals and organization that have a certain degree of connection within the United States, including corporations, partnerships, sole proprietorships, etc.
It is a common misconception that these provisions are not applicable to private organizations. This is not true. Private organizations are subject to the anti-bribery and accounting provisions listed in the FPCA.
A foreign public official is defined as any individual who holds an administrative, legislative, or judicial office in a foreign country or perform public services.
Federal FCPA Laws
The Foreign Corrupt Practices Act is a federal law as noted in 15 U.S.C. §§ 78dd-1. Federal crimes are handled by the United States Federal Judicial System.
Possible Penalties for FCPA Violations?
Federal government agencies, including the United States Department of Justice (DOJ), Securities and Exchange Commission (SEC), and international authorities work together to prevent, enforce, and enact penalties for violations of the FCPA.
Penalties for violations of this act can include criminal penalties of fines up to $100,000 for individuals or $2,000,000 for corporations. You could also face up to $10,000 in civil penalties and 5 years of imprisonment.
The prosecution will need to prove that the financial compensation, gifts, or other incentive was administered in an attempt to bribe a foreign party for business gain.
Defenses an FCPA Defense Attorney Can Use in Your Case
The prosecution will need to prove that the financial compensation, gifts, or other incentive was administered in an attempt to bribe a foreign party for business gain. Your FCPA defense attorney will use many techniques to question the evidence and call the prosecution’s case into doubt.
Your defense attorney will need to prove that any made to a foreign organization was lawful under the laws of the other nation and was a valid business expenditure.
Why Should I Contact Experienced FCPA Defense Lawyers Gallian Firm?
Not all criminal defense lawyers are knowledgeable regarding FCPA provisions or experienced in defending clients against these allegations. Retaining the assistance of an experienced criminal defense lawyer is critical to beat these charges.
Gallian Firm are former prosecutors with experience in federal courtrooms and deep knowledge of federal law and the FCPA in particular. This experience, skill, and knowledge are vital when facing serious allegations of FCPA violations.
Reach out for a free case review and get sound, honest advice if facing FCPA charges.