Designing Corporate Structure To Mitigate FCPA Risk in Light of the Second Circuit's Recent Opinion
Given the sparsity of FCPA case law, the recent opinion offers valuable leverage when negotiating a resolution with the government.
August 22, 2022 at 08:33 AM
6 minute read
The Foreign Corrupt Practices Act (FCPA) is an unusual beast. It is used by the Department of Justice (DOJ) and the U.S. Securities and Exchange Commission to extract eye-watering sanctions from companies after years of investigation—millions on the lower end and billions on the higher. The DOJ employs the FCPA to indict defendants who live outside the United States, engage in purported misconduct outside the United States, and cause the alleged harm outside the United States. And when those defendants are employed or affiliated with U.S. companies, then those companies can be on the hook too.
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