28 Jul 2022

104

FCPA Violations: What You Need to Know

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Academic level: High School

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The FCPA is a law that prohibits US companies and citizens from engaging in any form of corruption with foreign officials to advance business deals (SEC, 2020). This law is enforced by the DOJ and SEC. The move by Castle and Cook's to employ a foreign public official means that the company violated the law as it is US-registered. 

This case can only be filed in a federal court as the FCPA law is federal. The FCPA has a wide-arm or covers a very large jurisdiction. FCPA is applicable in prohibited actions that occur anywhere in the world (SEC, 2017). It extends beyond companies, managers, employees, agents, and even stakeholders. Therefore, companies that operate internationally must train their employees about anti-corruption laws from a multi-jurisdiction perspective. 

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Based on the case, the "whistleblower" has a high level of ethics. He/she decided to report the issue, which shows high integrity and responsibility in regards to protecting integrity in the company and country. Whistleblowers are nowadays highly respected and rewarded in some cases. The reward provided by the whistleblowers sometimes ranges from ten to thirty percent of the total sanction received by the government (OECD, 2020). 

References 

Organization for Economic Co-operation and Development (OECD). Protection of whistleblowers. https://www.oecd.org/corruption/48972967.pdf 

US Securities and Exchange Commission (SEC). (2020). SEC enforcement actions: FCPA cases. https://www.sec.gov/spotlight/fcpa/fcpa-cases.shtml 

US Securities and Exchange Commission (SEC). (2017). Spotlight on Foreign Corrupt Practices Act. https://www.sec.gov/spotlight/foreign-corrupt-practices-act.shtml 

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StudyBounty. (2023, September 16). FCPA Violations: What You Need to Know.
https://studybounty.com/fcpa-violations-what-you-need-to-knows-essay

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