How To Avoid The FCPA Hook For 3rd-Party Misconduct
March 9, 2011, 11:12 AM EST
Law360 (March 9, 2011, 11:12 AM EST) -- 2010 was nothing short of a breakout year for the reinvigorated criminal and regulatory enforcers of the Foreign Corrupt Practices Act. And the government’s ever intensifying FCPA enforcement efforts aimed at "direct" company bribery or books and records misconduct understandably have been the topic du jour in many U.S. boardrooms.
What often appears to be missing from discussions, however, is a realization that in the majority of recent FCPA cases, liability attaches indirectly through the misconduct of foreign third parties, such as a company’s agents, intermediaries,...