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Offensive Use Of The FCPA?

CAIT

The article “FCPA Ripples” highlights, among other topics, how Foreign Corrupt Practices Act scrutiny and enforcement can impact a company’s business operations and strategy in a variety of ways including “offensive” use of the FCPA by a competitor or adversary to achieve a business objective or to further advance a litigating position.

Amazon, like certain other companies, has fans and detractors as well.

In the later category is the Confederation of All India Traders (CAIT), an organization which represents million of retail stores in India. CAIT has long raised concerns about Amazon’s business operations in India. (See here “CAIT Seeks Ban on Amazon in India” and here “CAIT Fully Geared up to Fight Amazon & Flipkart” for examples).

This prior post highlighted Amazon’s purported FCPA scrutiny in India.

Not surprisingly, CAIT has taken a position on the matter and recently sent a letter to the SEC and DOJ regarding Amazon. The letter states in full:

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Amazon Under Scrutiny

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The Morning Context (an India-based research and media company) reports:

“Amazon Inc., the world’s largest online retailer, has initiated an investigation into the conduct of its legal representatives in India, three individuals aware of the matter told The Morning Context, requesting anonymity. This investigation comes on the back of a whistleblower complaint alleging that certain monies paid by Amazon in legal fees have been funnelled into bribes by one or more of its legal representatives.

Two people who work closely with Amazon’s in-house legal team confirmed that Rahul Sundaram, senior corporate counsel at Amazon, has been sent on leave.”

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