Sunday, September 22, 2019

Would the Foreign Extortion Prevention Act solve the Foreign Corrupt Practices Act issues?

The Foreign Corrupt Practices Act (FCPA) prohibits foreign exchanges of bribery between firms and individuals in the nation to gain further advantages in business deals. However, it doesn't extend to officials who take money from bribery to help win contracts or maintain business. It brings up several
Here's the article that comes with this blog post:)
issues that while helping limit briberies between countries both within the US it lacks authority between US and foreign businesses. Through this law, it brings up a big issue that some business agreements have not been considered official acts because it must involve some type of governmental power exercise that has physical proof of the event actually happening, like a lawsuit and the people within being put under oath to make a fair agreement. Therefore, "casual" meetings discussing potential briberies or actions being taken without federal work involved doesn't count under the FCPA, especially with foreign businesses. The FCPA also contains two defenses business workers can use to defend their briberies; the "local law" defense allows the defendants to show how their exchanges weren't illegal with physical proof, and the other authorizes facilitations permits to keep routined government action in the nation. This doesn't help decrease the amount of bribery and cheating that happens within US businesses because it gives the defendants an edge that helps them win and get away with bribery crimes committed.
The Foreign Extortion Prevention Act (FEPA) has become a bill and has been introduced to Congress in August for furthering the FCPA protections by expanding prohibitions on foreign officials involved in briberies. The idea of this bill is how it would help put prohibition on foreign exchanges of bribery. Through the support of both Democrats and Republicans, it would help charge businesses of fraud through the anti-bribery statue over the FCPA. As stated in the bill it could also help establish crimes that interfere with official obligations of US and foreign businesses. But, if this bill does become law it could raise greater potential issues for the Justice Department because it could mean that foreign business officials would have to be brought back to the US for a trial to be held. If this becomes a requirement, those foreign officials would probably be reluctant to coming back to the US and thus create an issue with holding trial alone.
With the facts about the FCPA and the basic knowledge of the FEPA, it's still in question whether the bill will make smart and efficient changes to help the FCPA. The bill would make holding crimes against these businesses easier but would cause the Justice Department to lose authority over the trials held.

1. According to this article, what are some case examples that show how the FCPA is not helpful with filing crimes against businesses committing fraud?
2. In your opinion, what is the biggest issue that is a result of the FCPA? What about the FEPA?
3. Do you think the FEPA should become a law? Would it help the FCPA gain more power against these businesses?


1 comment:

  1. Good post. I think is very relevant but my experience is that it is hard to prove bribery in a foreign country. It took 7 years to settle with Walmart about obvious bribes they did in Mexico, Brazil, etc...
    Walmart agreed to pay $283 million for their illegal practices - a drop in the bucket for them. Good work Zoe.
    https://www.cnn.com/2019/06/20/business/walmart-bribery-mexico-brazil-fcpa-sec/index.html

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