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NCJ Number: 210805 Find in a Library
Title: Foreign Corrupt Practices Act
Journal: American Criminal Law Review  Volume:42  Issue:2  Dated:Spring 2005  Pages:545-571
Author(s): Oren Gleich; Ryan Woodward
Date Published: 2005
Page Count: 27
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article describes the Foreign Corrupt Practices Act (FCPA), which criminalized the bribery of foreign officials or nationals by U.S. corporations and individuals.
Abstract: The FCPA also requires that companies maintain accurate records and a system of internal controls. The accounting provisions required by the FCPA are described in section 2 of the article while section 3 focuses on the anti-bribery provisions of the FCPA. Criminal liability under the FCPA rests on whether the suspect knowingly engaged in the offense, however this knowledge requirement can be met by proving either “willful blindness” or “conscious attempts not to know.” The anti-bribery provisions described in section 3 criminalize the bribery of foreign officials by any person who commits the act on United States territory, yet do not allow for the prosecution of foreign officials who receive bribes. Section 4 of the article turns to a discussion of the criminal and civil penalties provided for any violations of the FCPA. The United States Sentencing Guidelines regarding violations of the FCPA are reviewed, as are additional penalties that may be brought against persons convicted of FCPA offenses. Section 5 describes recent global anti-corruption efforts while section 6 discusses how to develop effective FCPA corporate compliance programs within American public companies. Finally, section 7 briefly describes recent and anticipated developments in the international anti-corruption movement. Footnotes
Main Term(s): Foreign Corrupt Practices Act (FCPA)
Index Term(s): Corruption of public officials; Federal Code; Federal law violations; Federal legislation
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