FEDERAL AND STATE CRIMINAL DEFENSE ATTORNEYS
O'Brien Hatfield, PA GET YOUR FREE CASE REVIEW GET YOUR FREE CASE REVIEW Click To Text
Tampa 813-345-4909 | En Español 813-390-2494
Orlando / Miami / West Palm Beach - 888-496-5916

What business owners should know about the FCPA -- II

In a previous post, we began discussing the U.S. Foreign Corrupt Practices Act or FCPA, a landmark law passed by Congress back in 1977 to combat international corruption via anti-bribery provisions. Specifically, we discussed not only what it is, but what it prohibits and to whom it applies.

We'll pick up this discussion in today's post, focusing more on the actors covered by the FCPA -- issuers, domestic concerns and other parties acting while in U.S. territory.

How does the FCPA define issuers?

A company is considered to be an issuer under the FCPA if it satisfies either of the following criteria:

  • It is listed on a national securities exchange in the U.S.
  • It is required to file reports with the Securities and Exchange Commission, and its stock is traded in the U.S. on the over-the-counter market

It's important to understand that everyone from directors and officers to agents, employees and even stockholders acting on behalf of the issuer may be prosecuted under the FCPA.

How does the FCPA define domestic concerns?

The FCPA defines a domestic concern as including any of the following:

  • A citizen, resident or national of the U.S.
  • A partnership, corporation, joint-stock company, association, sole proprietorship, unincorporated entity or business trust that is organized under state or federal law, or has its principal place of business in the U.S.

Similar to issuers, directors, officers, agents, employees and stockholders acting on behalf of the domestic concern are subject to prosecution under the FCPA.

How does the FCPA define other parties acting while in U.S. territory?

Over the last nearly 20 years, the FCPA's anti-bribery provisions have been extended to cover 1) foreign persons and 2) foreign non-issuer entities that engage in any act of "furtherance of a corrupt payment," either directly or indirectly, while in U.S. territory. This includes offers to make payments, actual payments, and promises to make payments or authorizations.

Once again, this includes issuers, directors, officers, agents, employees and stockholders.

We'll continue this discussion in future posts …

Remember to consider speaking with a skilled legal professional who can protect your freedom and your future as soon as possible if you've are under investigation or have been charged with violating the FCPA.

No Comments

Leave a comment
Comment Information
Mark J. O'Brien's cases have been featured in:
The New York Times | The Miami Herald | Bay News 9 | abc 7 | The Boston Globe | USA Today | Tampa Bay Times | FOX News Channel | The Washington Post | abc Good Morning America | Chicago Tribune | NT News Talk Florida | St. Petersburg Times | Deadspin
“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
  • Former Partner at the Law Firm of Adams and Diaco (Robert Adams and Stephen Diaco)
  • MJ (Todd Schnitt) Morning Show/Bubba the Love Sponge Clem Trial
  • Attorney Phil Campbell DUI Setup/Florida Bar Trial
More Testimonials
American Association for Justice National Association of Criminal Defense Lawyers | NACDL 1958 Florida Association of Criminal Defense Lawyers | FACDL Super Lawyers AVVO | See Reviews LC | Lead Counsel Rated
Best Criminal
Defense Lawyers
in Orlando
2018