Recovery Of Seized Property
As previously highlighted here, the DOJ recently issued a Foreign Corrupt Practices Act Opinion Procedure Release concerning a proposed payment motivated, in part, to secure the release of a seized shipping vessel.
Among the reasons the DOJ stated for its conclusion that the “proposed payment would not trigger an enforcement action under the anti-bribery provisions of the FCPA” was that “the payment is not motivated by an intent to obtain or retain business.”
As discussed below, an actual Foreign Corrupt Practices Act enforcement action was based on similar circumstances and a court concluded that the actual payments did not satisfy the FCPA’s obtain or retain business element.