Even in the face of a sustained focus by the US government on Foreign Corrupt Practices Act (FCPA) enforcement, many non-US companies still have a poor grasp of the complicated set of anticorruption laws that govern transnational business in the US. Many are even more poorly equipped to defend themselves against charges they might face, bringing upon themselves huge fines, loss of profits, shareholder lawsuits and numerous other possible detrimental results. Particularly in the realm of bribery, it is imperative that companies have a clear understanding of how US law defines bribery in its various forms, and develop a clear strategy for complying with the FCPA.
In this article, Squire Sanders lawyers Rebekah J. Poston and David A. Saltzman, and Franco Rodriguez Vasquez from our Squire Sanders Legal Counsel Worldwide Network firm Estudio Bunge, look at a sampling of recent cases that resulted in huge settlements, and discuss the intricacies of the FCPA – particularly the bribery provisions – and the importance for US and non-US companies alike to understand and comply with the FCPA, or face substantial penalties.
Reprinted with permission from Complinet Group Ltd., a Thomson Reuters business.