DOCSLIB.ORG

The UK's Bribery Act and the FCPA Compared

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The UK's Bribery Act and the FCPA Compared VOL. 25 NO. 1 FALL 2010 The UK’s Bribery Act and Pricing Processing in the FCPA Compared E-Discovery: Keep the By Richard C. Rosalez, Weston C. Loegering, Invoice from Being a Surprise and Harriet Territt By Seth Eichenholtz, Esq. fter much deliberation, the United Kingdom’s (UK) -discovery continues to confound law firms and clients Bribery Bill received Royal Assent on April 8, 2010, and with a lack of consistency in pricing. This lack of con- A became the Bribery Act. Now set to become effective Esistency may have many reasons, likely due to various in April 2011, the Bribery Act is the UK’s effort to modernize vendors having very different internal costs owing to the wide its anti-corruption laws and potentially take a lead role along- range of core competencies and services that vendors in the side, if not an outright attempt to step ahead of, enforcement e-discovery space purport to offer. But perhaps the most criti- efforts of the United States.1 The Bribery Act is far reaching cal reason for the lack of consistency in pricing is that vendors and signals a significant shift in the criminalization of corrup- have been able to take advantage of the fact that both law firms tion as another major economic power seeks to police graft and clients are all over the map in defining specifically what around the world. “processing” means in the e-discovery lexicon. Processing data in e-discovery means different things to different people and Background pricing for processing has followed suit. The previous statutory criminal law of bribery was “functional,” Of all the major hurdles in any e-discovery engagement, but “old and anachronistic” with “inconsistencies of language perhaps the biggest challenge is being able to foresee the costs and concepts” resulting in a bribery law, which was “difficult to of processing the data. Processing can also become the most understand for the public and difficult to apply for prosecutors expensive component of litigation, short of a long and drawn- and the courts.” The foreword to the Bribery Bill noted the UK’s out document review. The reason for this is that there has been reputation as “one of the least corrupt countries in the world” no uniformity amongst e-discovery vendors regarding how to as well as the perils of bribery: “Bribery is by its nature insidi- categorize the various elements and issues inherent in process- ous; if it is not kept in check it will have potentially devastating ing data in e-discovery nor what those costs should be. And it consequences.”2 The UK has long been a party to international is very easy to envision a case with current market processing treaties that combat corruption and emphasize the seriousness costs where the processing costs alone can quickly reach six- of the problems that corruption poses, such as the United Nations figure sums. So to the extent that one can police, lower, and Convention Against Corruption, the Organization of Economic perhaps best of all, predict that pricing, this is a critical issue (Continued on page 13) (Continued on page 18) Highlights Third-Party Financing of Commercial Litigation, Part Two By Holly E. Loiseau, Eric C. Lyttle, and Brianna N. Benfield .......................................................................................................................................3 Jurors’ Perceptions of Ethnic Minority Attorneys: Are We in a Post-Racial Era? By Mark R. Phillips Ph.D. .............................................................................................................................................................................................8 Practice Tip Jean Walker Tucker ....................................................................................................................................................................................................19 The In-House Litigator Spotlight: Cathy Lamboley’s Five Keys to Success By Haley Maple and Jacqueline Taylor ........................................................................................................................................................................22 Published by the American Bar Association Section of Litigation • 321 N. Clark Street • Chicago, IL 60654 THE UK’S BRIbeRY ACT AND THE FCPA COmpARED (Continued from page 1) Cooperation and Development (the OECD) Anti-Bribery Convention, and the Council Bribery Act Basics of Europe Criminal Law Convention on Corruption. However, the UK’s patchwork The Bribery Act is noteworthy and even groundbreaking in a number of respects. of antiquated legislation simply did not First, the Bribery Act crimianalizes private, commercial bribery. Second, it states reflect the modern commercial world. This, that it is a crime to accept a bribe—extending beyond the traditional anti-bribery paradigm—by targeting the bribed in addition to the briber. Third, it prohibits brib- together with a number of failed prosecu- ery of foreign public officials, akin to the United States Foreign Corrupt Practices tions and the high-profile discontinuance of Act (FCPA). For commercial bribery, paying or receiving bribes is illegal when there an investigation into a British corporation’s is an intention that it induces or rewards for “improper performance.” There is no dealings in the Middle East, led the OECD intent requirement for bribery of foreign officials; any attempt to influence the offi- to openly criticize the UK for its failure to cial is prohibited. As a result, the Bribery Act covers an extensive amount of exist- bring its anti-bribery laws into line with its ing business practices as any payment, gift, or benefit that may be categorized as a international obligations. Clearly, there was bribe. need for reform. The Act also establishes strict liability for corporations for failing to prevent acts of According to the UK’s Ministry of bribery unless a corporation can demonstrate that it had “adequate procedures [to Justice, “[t]he Bribery Act reforms the prevent bribery]” in place. Effective implementation and regular review of corpo- criminal law to provide a new, modern and rate compliance programs is essential as a result. Equally important, counsel should comprehensive scheme of bribery offenses understand the scope of the Bribery Act’s territorial reach. The provisions vary as to to equip prosecutors and courts to deal how they apply to conduct in the UK or those doing business in the UK. effectively with bribery at home or abroad.”3 Further, the Bribery Act will “provide a more conduct in the UK or relatively strong Requesting, Agreeing to Receive, or effective legal framework to combat bribery ties to the UK. Specifically, the three Accepting a Bribe in the public or private sectors,” “replace the general offenses apply (a) if any Section 2 of the Bribery Act criminalizes fragmented and complex offences at com- parts of the acts or omissions take the acceptance of a bribe. Specifically, it is mon law and in the Prevention of Corruption place in the UK, or (b) if any person a violation where a person “requests, agrees Act 1889–1916,” and “help tackle the threat committing the act or omission has a to receive or accepts a financial or other that bribery poses to economic progress and “close connection” with the UK. The advantage . .” development around the world.” Act generally defines those with a The British government’s goals for the “close connection” as British citizens, • “intending that . a relevant func- impact of the new law are admirable, but residents of the UK, and companies tion or activity should be performed surely, government officials also recognized incorporated in the UK.4 improperly” the growing trend of American authorities • “the request, agreement or acceptance extracting significant fines from corpora- Offering, Promising or Giving a itself constitutes the improper perfor- tions for corruption around the globe. Many Bribe mance . of a relevant function or of these corporations also do business in Section 1 of the Bribery Act pro- activity” the UK, and penalties have been levied hibits commercial bribery. The Act • “as a reward for the improper perfor- against British corporations and executives. proscribes conduct where a person mance . of a relevant function or It is not difficult to imagine officials in “offers, promises or gives a financial activity” the UK government appreciating that they or other advantage to another” (includ- could continue to cooperate with American ing through a third party) and • “in anticipation of” the person “requesting, agreeing to receive or enforcement efforts or engage in the pro- accepting a financial or other advan- cess more fully by modernizing the UK’s • the person “intends the advan- tage, a relevant function or activity is anti-bribery laws and advancing the goals tage to induce a person to performed improperly”6 of such laws through promotion of an anti- perform improperly a relevant corruption agenda, all while collecting hefty function or activity, or to reward Section 2 also covers scenarios where sums through fines and confiscation orders a person for the improper per- the person “requests, agrees to receive against those guilty of bribery in the public formance of such a function or or accepts . the advantage directly or and private sector. activity” through a third party” and where the advan- • the person “knows or believes tage benefits the person or another. Key Provisions of the Bribery Act that the acceptance of the advan- There are three general offenses and one tage would itself constitute
Load more

Recommended publications
  • The Effect of International Bribery and Corruption by Large Corporations
    DIRTY BUSINESS: The effect of international bribery and corruption by large corporations. Brett A. Knight I. Introduction As the economic success of large corporations become increasingly dependent on global transactions the issue of how these transactions are conducted is likely to become a topic of increasing importance. This paper will focus on the impact that bribery and corruption has on these transactions, and how the world governments are reacting in the wake of bribery and corruption scandals. Section I will review relevant history of various events involving bribery and corruption by international companies, and governmental policies that followed. Section II will provide analysis on the issue of international bribery as well as future develops that would continue to encourage the growth of international regulations of corruption and bribery. II. Background A. Watergate and the Foreign Corrupt Practices Act The Watergate scandal changed the way many Americans thought about corruption among politicians, the wake of this scandal also began to change the mindset of how governments viewed bribery among corporations.1 The Foreign Corrupt Practices Act (FCPA) was a direct result of corruption hearings triggered by information about corporate bribery that was exposed during Watergate investigations.2 In 1977 Congress enacted the FCPA as part of an amendment to the 1 1934 Securities and Exchange Act.3 The FCPA is divided into anti-bribery provisions, and accounting and record keeping provisions along with their respective penalties.
    [Show full text]
  • Bribery and Corruption Reporting Obligations: China, Practical Law UK Practice Note
    Bribery and corruption reporting obligations: China, Practical Law UK Practice Note... Bribery and corruption reporting obligations: China by Geoffrey Atkins, Megan McEntee and Abraham Lee, Ropes & Gray and Practical Law China. Practice notes | Maintained | China A note on the obligations that may arise for a corporate entity to report allegations or findings of bribery, corruption or related misconduct by personnel located in China. The note covers the US, UK, Chinese and Hong Kong regimes. Scope of this note Regime in the US Reporting requirements in the US Requirements under US anti-money laundering legislation Practical considerations when deciding to report to US authorities Jurisdictional considerations Possibility of eventual disclosure by whistleblowers Positive impact on charging decisions Presence of a corporate compliance programme Additional practical considerations Regime in the UK Reporting obligations in the UK Reporting to the Financial Conduct Authority Requirements under UK anti-money laundering statutes Reporting requirements in the extractive sector Practical considerations when deciding whether to report to the UK authorities Jurisdictional considerations Influence on charging decisions Availability of adequate procedures defence Regime in China Reporting obligations in China Practical considerations when deciding whether to report to Chinese authorities Potential to mitigate punishment Regime in Hong Kong Reporting obligations in Hong Kong Requirements under Hong Kong anti-money-laundering statutes © 2020 Thomson Reuters. All rights reserved. 1 Bribery and corruption reporting obligations: China, Practical Law UK Practice Note... Requirements that listed companies disclose corrupt behaviour Practical considerations when deciding whether to report to Hong Kong authorities Scope of this note Corruption is a significant risk for corporations doing business in China.
    [Show full text]
  • UK Bribery Digest
    UK Bribery Digest Edition 14 September 2020 UK BRIBERY DIGEST | EDITION 14 CONTENTS WELCOME Click to continue 1 | UK Bribery Digest Edition 14 | September 2020 Regulatory and enforcement landscape: Guidance released for an effective compliance programme Over the last 18 months we have seen a significant encourage more effective collaboration between key volume of updated compliance guidance being issued players within an organisation. by regulators and enforcement agencies. Whilst these releases are from regulators and As part of their Operational Handbook, the Serious enforcement agencies in different jurisdictions, Fraud Office (SFO) released the ‘Corporate Co- due to the increasingly global reach of white-collar operation Guidance’ in August 2019, and in crime legislation and the increased cross border January 2020, released an updated chapter on the cooperation between enforcement agencies, ‘Evaluating a Compliance Programme’. a multinational corporation would be naïve to focus on a single framework. Instead, most global With little to no warning, in June 2020 the United businesses set a standard which at least meets States Department of Justice (DoJ) also released • Transparency International — Business principles the requirements of all the leading legislation and updated guidance on the ‘Evaluation of Corporate for countering bribery guidance. By way of example of the increasingly Compliance Programs’. This was followed with an global nature of guidance, the latest FCPA Resource • United Nations Global Compact — The ten updated
    [Show full text]
  • Bribery Act 2010
    Changes to legislation: There are currently no known outstanding effects for the Bribery Act 2010. (See end of Document for details) Bribery Act 2010 2010 CHAPTER 23 General bribery offences 1 Offences of bribing another person (1) A person (“P”) is guilty of an offence if either of the following cases applies. (2) Case 1 is where— (a) P offers, promises or gives a financial or other advantage to another person, and (b) P intends the advantage— (i) to induce a person to perform improperly a relevant function or activity, or (ii) to reward a person for the improper performance of such a function or activity. (3) Case 2 is where— (a) P offers, promises or gives a financial or other advantage to another person, and (b) P knows or believes that the acceptance of the advantage would itself constitute the improper performance of a relevant function or activity. (4) In case 1 it does not matter whether the person to whom the advantage is offered, promised or given is the same person as the person who is to perform, or has performed, the function or activity concerned. (5) In cases 1 and 2 it does not matter whether the advantage is offered, promised or given by P directly or through a third party. 2 Offences relating to being bribed (1) A person (“R”) is guilty of an offence if any of the following cases applies. 2 Bribery Act 2010 (c. 23) Document Generated: 2021-04-27 Changes to legislation: There are currently no known outstanding effects for the Bribery Act 2010.
    [Show full text]
  • Submission on the Bribery Act 2010
    Submission on the Bribery Act 2010 House of Lords Select Committee Bribery Act 2010 10 August 2018 Introduction The Law Society of Scotland is the professional body for over 11,000 Scottish solicitors. With our overarching objective of leading legal excellence, we strive to excel and to be a world-class professional body, understanding and serving the needs of our members and the public. We set and uphold standards to ensure the provision of excellent legal services and ensure the public can have confidence in Scotland’s solicitor profession. We have a statutory duty to work in the public interest, a duty which we are strongly committed to achieving through our work to promote a strong, varied and effective solicitor profession working in the interests of the public and protecting and promoting the rule of law. We seek to influence the creation of a fairer and more just society through our active engagement with the Scottish and United Kingdom Governments, Parliaments, wider stakeholders and our membership. Our Criminal Law Committee welcomes the opportunity to consider and respond to the UK Government consultation on the post-legislative inquiry into the Bribery Act 2010 (2010 Act). We have the following comments to put forward for consideration. General Comments Seven years have passed since the 2010 Act came into force: although some provisions commenced in 2010, the majority came into effect in July 2011. The questions under consideration include judging whether the 2010 Act is effective by assessing that in light of stricter prosecution regimes/higher conviction rates and a reduction in occurrence of the conduct that the 2010 Act addresses.
    [Show full text]
  • Bribery Act 2010
    Bribery Act 2010 CHAPTER 23 CONTENTS General bribery offences 1 Offences of bribing another person 2 Offences relating to being bribed 3 Function or activity to which bribe relates 4 Improper performance to which bribe relates 5 Expectation test Bribery of foreign public officials 6 Bribery of foreign public officials Failure of commercial organisations to prevent bribery 7 Failure of commercial organisations to prevent bribery 8 Meaning of associated person 9 Guidance about commercial organisations preventing bribery Prosecution and penalties 10 Consent to prosecution 11 Penalties Other provisions about offences 12 Offences under this Act: territorial application 13 Defence for certain bribery offences etc. 14 Offences under sections 1, 2 and 6 by bodies corporate etc. 15 Offences under section 7 by partnerships Supplementary and final provisions 16 Application to Crown ii Bribery Act 2010 (c. 23) 17 Consequential provision 18 Extent 19 Commencement and transitional provision etc. 20 Short title Schedule 1 — Consequential amendments Schedule 2 — Repeals and revocations ELIZABETH II c. 23 Bribery Act 2010 2010 CHAPTER 23 An Act to make provision about offences relating to bribery; and for connected purposes. [8th April 2010] E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— General bribery offences 1 Offences of bribing another person (1) A person (“P”) is guilty of an offence if either of the following cases applies. (2) Case 1 is where— (a) P offers, promises or gives a financial or other advantage to another person, and (b) P intends the advantage— (i) to induce a person to perform improperly a relevant function or activity, or (ii) to reward a person for the improper performance of such a function or activity.
    [Show full text]
  • 17. the UK Bribery Act 2010 and Its Implications for Businesses
    17. The UK Bribery Act 2010 and its implications for businesses John Rupp, Robert Amaee and Ian Redfearn , Covington & Burling LLP alone to constitute carrying on a business or part In the first two circumstances, it does not matter of a business in the UK. But it notes that the “final whether the person to whom the advantage is arbiter, in any particular case, will be the [UK] offered, promised or given is the same as the There was a time in the not so distant past when bribed and bribing a foreign public official can be courts”, and Richard Alderman, the former director person who is being induced to perform or the US Foreign Corrupt Practices Act was the only committed by any individual or commercial of the Serious Fraud Office (SFO), the UK’s lead rewarded for performing a relevant function or game in town for prosecuting those who bribed organisation if an act or omission forming part of anti-bribery enforcement authority, declared that activity improperly. In each case, the advantage foreign government officials. Although many other the offence takes place in the UK. the SFO would not be impressed with “overly may also be offered, promised or given through a countries had criminalised such conduct, many technical interpretations” of the Bribery Act. third party. others had not — and most of the anti-bribery If that jurisdictional test is not satisfied, the laws on the books of countries other than the US Bribery Act nonetheless may be triggered if any of The Adequate Procedures Guidance is not binding The term ‘relevant function or activity’ is defined were not enforced.
    [Show full text]
  • Download Download
    Amicus AmicusC u r i a e The Journal of the Society forC Advanced u r Legal i a Studies e Inside ... Introduction Read more on page 329 Articles Read more on page 338 Review article Read more on page 459 Notes Read more on page 476 Book reviews Read more on page 542 News and events Read more on page 554 Contributors’ profiles Read more on page 560 Visual law Read more on page 564 Series 2 No 1(3) 328 Amicus Curiae CONTENTS Introduction Judicial Early Neutral Evaluation Michael Palmer . 329 Victoria McCloud . 487 Telecom Centre (UK) v Thomas Articles Sanderson (Early Neutral ‘AI Theory of Justice’: Using Evaluation): Full Text . 496 Rawlsian Approaches to Legislate British Association of Comparative Better on Machine Learning in Law Government Yseult Marique . 501 Jamie Grace and Roxanne Bamford Corporate Liability for Breaches of . 338 Fundamental Human Rights in Domestic Abuse during the UK’s Canadian Law: Nevsun Resources COVID-19 Lockdown: From Normal Limited v Araya (2020) to New Normal and What Survivors’ Experiences Might Teach Us Peter Muchlinski . 505 R (Hans Husson) v Secretary of State Amy Kellam . 361 for the Home Department (2020) Homeless Applicants with Dissatisfactory Decisions, Russell Wilcox . 532 Appropriate Dispute Processing and Book Reviews Access to Justice Patrick Birkinshaw—European Patricia Ng . 379 Public Law: The Achievement and the Judicial Experiments in Caseflow Brexit Challenge Management 1920-1970 Yseult Marique . 542 Michael Reynolds . 389 Katie Benson, Colin King, Clive Assessing the Efficiency of the Walker (eds)—Assets, Crimes and District Courts of Pakistan—Why is the State: Innovation in 21st Century Better Evaluation Needed? Legal Responses Muhammad Saeed .
    [Show full text]
  • Section 7 of the United Kingdom Bribery Act 2010: a “Fair Warning” Perlustration
    The Yale Journal Of International Law Online Section 7 of the United Kingdom Bribery Act 2010: A “Fair Warning” Perlustration Jonathan J. Rusch* INTRODUCTION Within the past year, the tides of global corruption have begun a perceptible shift. In a growing number of countries around the world, public reactions to corruption have moved from apathy and resignation1 to fear, anger, and even defiance,2 and government agencies are pursuing corruption allegations to the * Adjunct Professor, Georgetown University Law Center; Senior Vice President and Head of Anti- Bribery & Corruption Governance, Wells Fargo. The views in this paper are solely those of the author, and do not necessarily represent the views of Wells Fargo or any officer or employee thereof. Any errors of fact are solely attributable to the author. 1. See, e.g., Costin Ionescu, Apathy-Hit Romanians Vote in Local Polls Marked by Fight Against Corruption and Seen as Test for Upcoming Parliamentary Elections, HOTNEWS.RO (June 5, 2016), http://mobile.hotnews.ro/stire/21052965; Apathy and Mistrust: The Disenfranchising Effect of Corruption on Institutional Trust, AFROBAROMETER (Sept. 25, 2015), http://afrobarometer.org/media- briefings/apathy-and-mistrust-disenfranchising-effect-corruption-institutional-trust (survey of Ugandan attitudes toward corruption); Andrew Marshall, How Corruption Is Holding Asia Back, TIME (Nov. 4, 2010), http://content.time.com/time/world/article/0,8599,2029167,00.html. 2. The 2016 Chapman University Survey of American Fears reported that on a list of the ten fears for which the highest percentage of Americans reported being “Afraid” or “Very Afraid,” “Corrupt government officials” ranked highest at 60.6 percent.
    [Show full text]
  • Dr Nicholas Ryder- Written Evidence (BRI0010)
    Dr Nicholas Ryder- Written Evidence (BRI0010) Introduction The submission provides a summary of the research conducted by Professor Nicholas Ryder on the Bribery Act 2010. The submission presents a summary of the key findings in the hope that they will support the House of Lords Select Committee’s inquiry into the Bribery Act 2010. Questions 2. Is the Bribery Act 2010 being adequately enforced? If not, how could enforcement be improved? Do the Serious Fraud Office and the Crown Prosecution Service have the right approach and the resources they need to investigate and prosecute bribery offences effectively? Background The United Kingdom’s (UK) reform of its bribery laws began with the publication of a Law Commission Report in 1998.1 The Law Commission recommended that ‘the common law offence of bribery and the statutory offences of corruption should be replaced by a modern statute’.2 The then Labour government responded by publishing the Corruption Bill, which after being subjected to pre-legislative scrutiny by the Joint Committee, was rejected, resulting in a revised version which was published in 2005.3 This was followed by another consultation exercise by the Law Commission in 2007,4 which subsequently led to the publication of its 2008 Report.5 In response to this Report, and to emphasis the impetus to address the threat posed by bribery, the then Justice Secretary, Jack Straw MP stated “a new law will provide our investigators and prosecutors with the tools they need to deal with bribery much more effectively.6 The Report was followed by the publication of a White Paper in 2009 that finally resulted in the enactment of the Bribery Act 2010.7 Prior to its introduction, Kenneth Clarke MP, the then Secretary of State for Justice, stated that the Act would “reinforce its [the UKs] reputation as a leader in the global fight against corruption .
    [Show full text]
  • UNITED KINGDOM: P H a S E 1 T E R
    Directorate for Financial and Enterprise Affairs UNITED KINGDOM: P H A S E 1 t e r REPORT ON THE APPLICATION OF THE CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS AND THE 2009 REVISED RECOMMENDATION ON COMBATING BRIBERY IN INTERNATIONAL BUSINESS TRANSACTIONS This report was approved and adopted by the Working Group on Bribery in International Business Transactions on 16 December 2010. TABLE OF CONTENTS INTRODUCTION ........................................................................................................................................... 3 1. ARTICLE 1: THE OFFENCE OF BRIBERY OF FOREIGN PUBLIC OFFICIALS .............................. 4 1.1 The elements of the offence ............................................................................................................. 5 1.1.1 any person ...................................................................................................................................... 5 1.1.2 intentionally ................................................................................................................................... 5 1.1.3 to offer, promise or give ................................................................................................................ 6 1.1.4 any undue pecuniary or other advantage ....................................................................................... 6 1.1.5 whether directly or through intermediaries ..................................................................................
    [Show full text]
  • The Uk Bribery Act 2010
    UNSCREWING THE INSCRUTABLE: THE UK BRIBERY ACT 2010 Bruce W. Bean & Emma H. MacGuidwin' INTRODUCTION On December 17, 1997 the United Kingdom, a founding member of the Organization for Economic Cooperation and Development ("OECD"), signed the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the "OECD Convention" or "Convention").' This Convention obligates signatory states to criminalize bribery of foreign public officials by those seeking to obtain or retain business. The UK Bribery Act 2010 (the "Bribery Act" or the "Act"),2 enacted after more than a decade of debate, delay, and desultory deliberation, is the culmination of the United Kingdom's extraordinarily extended effort to update its antiquated corruption legislation and thus comply with its obligations under the OECD Convention. The Bribery Act is a wholesale revision of all United Kingdom domestic bribery and corruption statutes, some dating from the nineteenth century. The Act applies to both domestic and foreign bribery. In this article we review the operative provisions of the Bribery Act and then focus on a shocking new crime: the failure of a commercial enterprise to prevent a bribe. This crime, which requires no criminal intent and no knowledge of the offending bribe, will ensnare many non-UK businesses involved in cross border transactions. This is so because the Bribery Act contains an expansive concept of what may be deemed a bribe under the Act and because the jurisdictional reach of the Act is unparalleled. The Act also provides that the offending bribe need not be committed by an employee of the company.
    [Show full text]