4 ms·

I believe this sort of thing is explicitly outlined in the FCPA, which deals with corruption by US Corporations abroad. FCPA is pretty stringent, and this is wh

by rmk 6y ago

I believe this sort of thing is explicitly outlined in the FCPA, which deals with corruption by US Corporations abroad. FCPA is pretty stringent, and this is what is covered in the in-house mandatory training you end up doing at any sizeable company. However, this is within the United States and this person appears to have been acting on Apple's behalf, so how does this fall afoul of the law (what law in particular)?

_ph_ 6y ago
I am not in the US, but working at an American company. From my trainings I got the impression that the anti-corrupion rules are to be obeyed globally.
- rmk 6y ago
  That's correct. They are to be obeyed globally by the (US) corporation, which is why they make you go through the training. When you are acting on behalf of the corporation you are expected to help the corporation comply with applicable law.
- CobrastanJorji 6y ago
  Yes. It's a crime for an American to bribe US government officials, and it's also a crime for an American to bribe foreign government agents as well (that's the US Foreign Corrupt Practices Act).
  - rmk 6y ago
    For the latter, it's the FCPA. For the former, is there a specific act that's violated, or is it just part of the US Code?
    - CobrastanJorji 6y ago
      The US Code is for bribing Federal officials. This one would presumably be the California felony bribery law, CA Penal Code § 67: "Every person who gives or offers any bribe to any executive officer (any public employee who is authorized to use his or her own discretion to carry out his or her lawful duties) in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is punishable by imprisonment in the state prison for two, three or four years, and is disqualified from holding any office in this state."
      - rmk 6y ago
        Thanks! This is very informative. The disqualification from holding future public office is the most effective remedy here.

by rmk 6y ago

_ph_ 6y ago

I am not in the US, but working at an American company. From my trainings I got the impression that the anti-corrupion rules are to be obeyed globally.

rmk 6y ago
That's correct. They are to be obeyed globally by the (US) corporation, which is why they make you go through the training. When you are acting on behalf of the corporation you are expected to help the corporation comply with applicable law.
CobrastanJorji 6y ago
Yes. It's a crime for an American to bribe US government officials, and it's also a crime for an American to bribe foreign government agents as well (that's the US Foreign Corrupt Practices Act).
- rmk 6y ago
  For the latter, it's the FCPA. For the former, is there a specific act that's violated, or is it just part of the US Code?
  - CobrastanJorji 6y ago
    The US Code is for bribing Federal officials. This one would presumably be the California felony bribery law, CA Penal Code § 67: "Every person who gives or offers any bribe to any executive officer (any public employee who is authorized to use his or her own discretion to carry out his or her lawful duties) in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is punishable by imprisonment in the state prison for two, three or four years, and is disqualified from holding any office in this state."
    - rmk 6y ago
      Thanks! This is very informative. The disqualification from holding future public office is the most effective remedy here.