Foreign Corrupt Practices Act (FCPA)

The Foreign Corrupt Practices Act (FCPA) is a U.S. law passed in 1977 which prohibits individuals and firms from the U.S. from paying bribes to foreign officials for the advancement of a scheme or interest in relation to a business deal.

The FCPA pertains to worldwide actions and its purpose is to deter abuses of power and corruption. The authority of The Foreign Corrupt Practices Act encompasses oversight of actions of publicly traded companies and includes their employees, agents, shareholders, officers and directors. Third party partners and consultants who enter into joint ventures with a company are also subject to adhering to the guidelines of the FCPA. Using proxies for the purpose of executing bribes will not protect an individual or company from accountability.

Any offer, promise, payment, authorization to pay money or provide anything of value to a foreign official, candidate, or political party to obtain or retain business is generally prohibited under the anti-bribery provisions of the FCPA.

Internal controls and precise record keeping are required by companies to make certain only appropriate authorized transactions occur.

Penalties for violating the anti-bribery provisions of the Foreign Corrupt Practices Act are severe. Individuals face criminal fines up to $100,000 and five years’ imprisonment per violation.

Attorney Michael Padula has handled numerous cases involving the FCPA and securities fraud and conducted parallel investigations with FINRA, OFAC, and other regulatory agencies. Michael’s insider perspective and understanding of the DOJ’s operations are an asset to clients on matters related to compliance, regulatory issues, investigations, and high-stakes litigation. He has been involved with Foreign Corrupt Practices Act crimes domestically and internationally.

Contact Attorney Michael Padula

If you are facing charges related to the Foreign Corrupt Practices Act (FCPA), a highly proficient attorney who has vast experience navigating both the public and private sector is crucial for your defense. For a free and private consultation call (305) 455-5206.