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If I pay a consultant $1M for his expertise in navigating local bureaucracy, and it turns out that he used half of that money to bribe local officials without m
by crmd 9y ago
If I pay a consultant $1M for his expertise in navigating local bureaucracy, and it turns out that he used half of that money to bribe local officials without my knowledge, have I committed a crime under FCPA?
- seanlinehan 9y agoIf there were any red flags that you could have known about, yes. Not knowing does not grant you immunity under FCPA.
- dpiers 9y agoPossibly. Most FCPA enforcement actions involve third parties. The FCPA expressly prohibits corrupt payments made through third parties or intermediaries. The fact that a bribe is paid by a third party does not eliminate the potential for criminal or civil FCPA liability. The FCPA expressly states that a company or individual may be held directly liable for bribes paid by a third party if the principal has knowledge of the third party's misconduct. It is unlawful to make a payment to a third party, while “knowing” that all or a portion of the payment will go directly or indirectly to a foreign official. The term “knowing” includes “conscious disregard” and “deliberate ignorance”. Intermediaries may include joint venture partners or agents. Third parties and intermediaries themselves are also liable for FCPA violations.* *: https://www.transparency.org.uk/wp-content/plugins/download-attachments/includes/download.php?id=5739 https://www.transparency.org.uk/wp-content/plugins/download-...