Amusing Commentary
Some FCPA commentary is amusing.
Such as this assertion that the Foreign Corrupt Practices Act provides “bright-line rules.”
Nothing could be further from the truth.
For starters, the FCPA contains two sets of provisions: the anti-bribery provisions and the books and records and internal controls provisions (often collectively referred to as the accounting provisions).
The FCPA’s accounting provisions are entirely principle-based, the opposite of a bright-line rule.
It Is Flawed To Suggest That The FCPA Is Ambiguous Is A “Flawed” Narrative
The FCPA Blog occasionally sends out marketing teasers for its paid products including this recent e-mail for it paid FCPA Blog+ offering and its so-called “Chat Large”.
The e-mail states: “Vague? Ambiguous? Confusing? FCPA defendants and commentators have often said the FCPA is too confusing. That no one really knows what behavior Congress intended to criminalize. And that the law shouldn’t be enforced when people don’t understand it. But is that true? In this Chat Large, we look at how the “flawed FCPA” narrative developed, and why.”
As highlighted below it is flawed (not to mention incredibly uniformed regarding FCPA case law) to suggest that the FCPA is ambiguous is a “flawed” narrative.