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Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act (FCPA) criminalizes the bribery of foreign officials by U.S. corporations and individuals pursuing business in other countries.

The FCPA requires companies to maintain accurate records and a system of internal controls, and outlaws the practice of bribing foreign officials to gain a business benefit.

To be criminally liable under the accounting provisions or internal control provisions, a person must knowingly circumvent or fail to implement a system of internal accounting controls or falsify any book, record or account.

To be criminally liable under the anti-bribery provisions, a person must directly or indirectly offer, pay, promise, or authorize a payment of money or anything of value to a foreign official for the purpose of influencing an official act, induce any unlawful action, induce any action that assists in obtaining or retaining business, or to secure any improper advantage.