A thoroughly pragmatic guide to the U.S. Foreign Corrupt Practices Act (FCPA) This is a critical FCPA training resource for executives, managers, sales, marketing, finance and accounting personnel, as well as high level professionals. * The ideal resource for any business that takes FCPA compliance seriously and truly desires to foster a deep understanding of real-world corruption issues in their employees * A great resource for business school courses on international business or business ethics and anyone interested in understanding these issues for their own professional growth * Includes in-depth analysis of all major FCPA risk areas, including discussions of how FCPA issues arise in real-world business situations * Covers all aspects of bribery and FCPA compliance issues to ensure that your business is not exposing itself to financial scandal or criminal prosecution FCPA compliance is mandatory for nearly all international businesses operating in today's global economy. This book serves as the perfect training tool to mitigate your organization's risk to FCPA violations, which is one of the top enforcement priorities for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
Autorentext
AARON G. MURPHY is a partner in the international law firm of Latham & Watkins. He has advised on FCPA matters on five continents and has conducted in-country bribery investigations in more than a dozen countries in Asia, Africa, the Middle East, Central Asia, and Europe. His clients include Fortune 100 companies, small- and mid-sized companies both public and private, as well as individuals.
Klappentext
Companies don't pay bribes. People do.Train your people. Protect your company.
"Aaron Murphy has written the best practical guide to avoiding FCPA perils in print today. He hits all the buttonsincluding the ones you didn't know exist. So you've endured the usual PowerPoint presentations? Convinced that you have what you need to sidestep overseas bribery? Get ready for a surprise."
Tom Donaldson , Mark O. Winkelman Professor, Wharton School of the University of Pennsylvania
"Aaron Murphy has written a marvelous book on the increasingly complex and difficult challenges posed by the Foreign Corrupt Practices Act (FCPA) . . . What I love most about Aaron's book, however, is its emphasis on culture, leadership, and process in addressing FCPA risk . . . It will be helpful to specialists, and even more so to business leaders and managers, in doing what the overwhelming majority of those leaders and managers strive to dolead with integrity."
Brackett Denniston, Senior Vice President and General Counsel, General Electric Company
Inhalt
Foreword ix
Acknowledgments xii
Introduction: Who Is This Book For? xiii
Chapter 1 Basics of the Foreign Corrupt Practices Act 1
Chapter 2 What's the Big Deal? Billion-Dollar Fines and Jail Time 23
Chapter 3 You Do More with the Government Than You Think 37
Chapter 4 Know Your Customers and Suppliers: The Dangers of State-Owned Entities 61
Chapter 5 Guess Who's Coming to Dinner? The Dangers of Meals and Entertainment 79
Chapter 6 Ensuring That Business Trips Really Are for Business 93
Chapter 7 Gifts That Give Back 107
Chapter 8 Know Your Agents and Consultants 121
Chapter 9 So What Can You Do? Facilitating Payments and Other Exceptions 145
Chapter 10 Keeping Good Records and Maintaining Good Procedures 161
Chapter 11 Are You Buying a Problem? Due Diligence in Acquisitions and Government Contracts 183
Chapter 12 Time Off for Good Behavior: Why Compliance Matters 195
Appendix 1 Anti-Bribery, Record-Keeping, and Internal Controls Provisions of the Foreign Corrupt Practices Act 209
Appendix 2 Relevant Provisions of the Principles of Federal Prosecution of Business Organizations 241
Appendix 3 Excerpts from the Federal Sentencing Guidelines Manual 245
About the Author 267
Index 269