As the Foreign Corrupt Practices Act receives increasedattention from both the Department ofJustice and the Securities and Exchange Commission,more companies are running afoul of its provisions.Because the FCPA applies to transactions inforeign countries, investigating alleged violations ofthe statute necessarily involves conducting investigationswithin the relevant countries. Counsel mustconsider a range of issues, including electronic datadiscovery, when conducting such an investigation.
The anti-bribery provisions of the FCPA make itunlawful for U.S. companies, and certain foreignissuers of securities, to make a corrupt payment to aforeign official for the purpose of obtaining or retainingbusiness or directing business to any person.
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