FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”
Set forth below are the topics discussed this week on FCPA Professor.
Recent FCPA scrutiny alerts and updates are highlighted here.
This post discusses extortion and how Congress was made aware during the FCPA’s legislative process that certain of the problematic payments involved extortion. Even though the FCPA does not have an extortion defense, extortion issues are relevant to corrupt intent – a prima facie element of an FCPA anti-bribery violation that the government must prove.
Effective communication is a key factor in minimizing risk under the FCPA and related laws. Yet, as highlighted in this post business organizations can fall short in this regard.
As highlighted here, yet another enforcement action demonstrates the SEC’s inconsistent approach to enforcing the FCPA’s books and records and internal controls provisions.
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