The Foreign Corrupt Practices Act in a new era / Mike Koehler.
2014
KF9351 .K64 2014 (Map It)
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Details
Title
The Foreign Corrupt Practices Act in a new era / Mike Koehler.
Published
Cheltenham, UK ; Northampton, MA : Edward Elgar, [2014]
Call Number
KF9351 .K64 2014
ISBN
9781781954409 (hbk.)
1781954402 (hbk.)
1781954402 (hbk.)
Description
xxiii, 391 pages ; 24 cm
System Control No.
(OCoLC)881008765
Summary
Publisher's description: The Foreign Corrupt Practices Act (FCPA) has emerged as a top concern for companies doing business in the global marketplace. This book is the first of its kind given its comprehensive and provocative coverage of the FCPA and its many related legal and policy issues. In The Foreign Corrupt Practices Act in a New Era, Professor Koehler dissects the FCPA's new era and confronts the FCPA statutory text, legislative history, judicial decisions, enforcement agency guidance, and resolved FCPA enforcement actions. Written by a former FCPA attorney with expert knowledge and experience relevant to the issues discussed, the book injects innovative concepts to the study of the FCPA and its enforcement such as the 'world's most ethical FCPA violators,' 'the faca̧de of enforcement' the 'three buckets' of FCPA financial exposure, 'FCPA Inc. and the business of bribery,' and the 'offensive use' of the FCPA. The book places an emphasis on learning FCPA issues incrementally in the belief that foundational knowledge (such as general legal principles and general Department of Justice and Securities and Exchange Commission enforcement policies and resolution vehicles) will best enhance understanding and comprehension of specific FCPA topics. Understanding the FCPA's new era is a fundamental skill-set for a diverse group of professionals navigating the global marketplace. This book provides a toolkit that will help readers from the boardroom to the courtroom to the classroom better understand the FCPA, FCPA enforcement, FCPA compliance strategies, and the many legal and policy issues present in this new era.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
About the author
vii
Prologue
viii
Introduction and overview
x
1.
Before the new era: the story of the FCPA and its early enforcement
1
A.
The importance of the Fcpa's legislative history
1
B.
The story of the FCPA
2
C.
Enforcement begins and the FCPA matures
31
2.
FCPA foundational knowledge
46
A.
Respondeat superior
47
B.
The realities of the global marketplace
50
C.
Enforcement agency policies relevant to FCPA enforcement
54
D.
Resolution vehicles typically used to enforce the FCPA
60
E.
FCPA legal authority and non-legal sources of information
69
3.
The Fcpa's anti-bribery provisions
79
A.
Anything of value
80
B.
Foreign official
81
C.
Obtain or retain business
90
D.
Intent
98
E.
Third-party payment provisions
103
F.
Jurisdiction
107
G.
Exception and affirmative defenses
116
H.
Other relevant legal issues
127
4.
The Fcpa's books and records and internal controls provisions
136
A.
Legal authority
138
B.
Non-legal sources of information
148
C.
Discussion and analysis of selective enforcement actions
155
5.
FCPA enforcement
169
A.
Enforcement action origins
170
B.
The 'three buckets' of FCPA financial exposure
178
C.
Corporate enforcement actions
193
D.
Individual enforcement actions
203
6.
Reasons for the increase in FCPA enforcement
234
A.
Practical reasons
234
B.
Provocative reasons
238
C.
A proper perspective on FCPA enforcement statistics
254
7.
The Fcpa's long tentacles
260
A.
Related foreign law enforcement investigations and actions
261
B.
The business effects of FCPA scrutiny and enforcement
267
C.
Shareholder litigation
281
D.
Offensive use of the FCPA
294
8.
FCPA compliance and best practices
304
A.
The difficulties of FCPA compliance
305
B.
'Soft' enforcement and learning from enforcement actions
311
C.
Managing and minimizing FCPA risk
316
D.
Potential negative effects of too much FCPA compliance
330
9.
FCPA reform
340
A.
The current reform environment
341
B.
Suggested FCPA reform
360
Conclusion
385
Index
387