…own nuances, several
points bear emphasis. First, the FCPA is an official bribery statute; it does not
637Duross/Koukios
1.2 An International…
…. §78dd-1(f)(2).
13 OnDecember 22, 2023, the Foreign Extortion Prevention Act (“FEPA”) was enacted
to close this gap. FEPAmakes it a criminal offense for a foreign…
…business advantage;10 it does not cover bribery that
seeks a purely personal advantage. Third, the FCPA’s “corruptly” element requi-
res a quid pro quo…
…of a high
probability that the third party will offer or pay a bribe on his or her behalf.12
Fifth, because it criminalizes offers and promises, the…
…,
enforcement action to bring against a company, DOJ prosecutors must consider
the Principles of Federal Prosecution of Business Organizations.20 Because it can…
…it can either pursue a non-trial resolution, such as a
non-prosecution agreement (“NPA”), a deferred prosecution agreement (“DPA”),
or a plea agreement…
…, or it can seek an indictment and, potentially, take the
matter to trial.
SEC regularly brings enforcement actions against companies and occasionally…
…emphasizes (1) a company’s self-policing and compliance programs prior to the
discovery of the misconduct, (2) the self-reporting of the misconduct when it is…
…their progress. DOJ has recently announced ten
factors it considers in determining whether to impose an independent compli-
ance monitor, including…
…mirrors the FCPA, the OECD Good
Practice Guidance echoes the vision and objectives of Attachment C. It is desig-
ned to serve as non-legally binding…
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