The Foreign Corrupt Practices Act (FCPA) makes it illegal for US corporations and individuals who conduct business in other countries to bribe foreign officials. Accordingly, the FCPA requires that companies keep precise records and have a system of internal controls. It also criminalizes bribing foreign officials to achieve a business advantage.
To be held criminally liable under the accounting or internal control provisions of the Act, a person must knowingly evade or fail to put in place a system of internal accounting controls or falsify records. To be held criminally liable under the anti-bribery provisions, a person must offer, pay, or approve a payment to a foreign official in an effort to influence an official act, encourage an illegal action, or induce an action that assists in obtaining a business. A skilled San Francisco white collar criminal attorney can go over the criteria in greater detail with you.
When reviewing the Act, it is important to remember several things. Specifically, it is important to note that the FCPA applies to both public and private non-US companies, as well as US-based companies. Further, the FCPA is applicable when conducting business with employees of state-owned enterprises. To avoid violations of the Act, make sure that you have a written FCPA policy available for review by your business partners, and be sure to ask them to adhere to such policy. If you need help with FCPA-related issues, contact San Francisco white collar criminal attorney Christopher Morales by filling out the form on this page for a free consultation.
