Companies doing business in the global marketplace engage all types of third parties. Generally, Foreign Corrupt Practices Act compliance tends to focus, with good reason, on third parties such as agents, representatives, distributors and others that assist a company in obtaining or retaining business.
However, given the DOJ and SEC’s broad interpretation of that element of the FCPA’s anti-bribery provisions, any third party that has a point of contact with foreign officials – even if outside the context of foreign government procurement – can potentially expose a business organization to scrutiny and enforcement.
This includes foreign lawyers as the recent FCPA enforcement action against various individuals associated with adoption agency European Adoption Consultants once again highlights. Indeed, in this enforcement action a foreign lawyer herself was charged with FCPA violations – although it remains to be seen whether the jurisdictional basis will be challenged.
