Lanterna Rally

Author: Robert Meyer

Publisher:

Published: 2018

Total Pages:

ISBN-13: 9781588523334

Passed in the wake of the Watergate Scandal and enforced only sporadically for two decades, the Foreign Corrupt Practices Act has emerged as a potent and feared law enforcement tool. In recent years, U.S. authorities have zealously enforced the FCPA, seeking historically high fines for corporations and significant jail time for executives.The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement book covers all aspects of the FCPA. It methodically explains its stringent accounting and recordkeeping requirements, the practices for which corporations and individual officers and directors can be held civilly and criminally responsible, essential steps for compliance and mitigation of penalties, and other vital subjects.Identify the Red Flags of Foreign Corrupt Practices RiskWhen will American companies and their officers and directors be held responsible for the practices of non-U.S. subsidiaries? What constitutes "knowledge" and "corrupt intent"? How do the internal controls needed for compliance with the FCPA differ from those needed for compliance with other acts, such as Sarbanes-Oxley? This important new book answers these questions and many others.Topics include:When the antibribery provisions apply, and the exceptions and affirmative defensesBook- and recording-keeping procedures and internal controls required by the FCPA accounting provisionsApplicability of the FCPA to persons outside the United StatesCivil and criminal liability of individualsKey elements the DoJ and other regulators look for in evaluating an organization's compliance programPassed in the wake of the Watergate Scandal and enforced only sporadically for two decades, the Foreign Corrupt Practices Act has emerged as a potent and feared law enforcement tool. In recent years, U.S. authorities have zealously enforced the FCPA, seeking historically high fines for corporations and significant jail time for executives.The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement book covers all aspects of the FCPA. It methodically explains its stringent accounting and recordkeeping requirements, the practices for which corporations and individual officers and directors can be held civilly and criminally responsible, essential steps for compliance and mitigation of penalties, and other vital subjects.Identify the Red Flags of Foreign Corrupt Practices RiskWhen will American companies and their officers and directors be held responsible for the practices of non-U.S. subsidiaries? What constitutes "knowledge" and "corrupt intent"? How do the internal controls needed for compliance with the FCPA differ from those needed for compliance with other acts, such as Sarbanes-Oxley? This important new book answers these questions and many others.Topics include:When the antibribery provisions apply, and the exceptions and affirmative defensesBook- and recording-keeping procedures and internal controls required by the FCPA accounting provisionsApplicability of the FCPA to persons outside the United StatesCivil and criminal liability of individualsKey elements the DoJ and other regulators look for in evaluating an organization's compliance programDue diligence, training, and contractual safeguards to minimize liability for improper acts by local representativesDoJ's FCPA Opinion Procedure and the pros and cons of seeking an opinionLiability for the pre- or post-acquisition conduct of an acquisition or investment targetConducting effective FCPA internal investigations and how to disclose the findingsMulti-jurisdictional investigations, including gathering...