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The Expanding Criminalization of Transnational Bribery: Global Prosecution Necessitates Global Compliance

Frank C. Razzano and Travis P. Nelson
The International Lawyer
Vol. 42, No. 4 (WINTER 2008), pp. 1259-1286
Published by: American Bar Association
Stable URL: http://www.jstor.org/stable/40708043
Page Count: 28
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The Expanding Criminalization of Transnational Bribery: Global Prosecution Necessitates Global Compliance
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Abstract

It was once commonplace for corporations to make questionable or illegal payments to foreign government officials, politicians, and political parties as a means of gaining competitive advantage. In response, Congress passed the Foreign Corrupt Practices Act (FCPA) in 1911 in an effort to target and punish individuals and corporations that attempt to do business through bribery. In this article, Frank C. Razzano, a former Assistant U.S. Attorney and former Securities and Exchange Commission Assistant Chief Trial Attorney, and Travis P. Nelson, a former U.S. Treasury Department Enforcement Counsel, discuss the historical and current trends and efforts by the U.S. and foreign governments in policing for transnational bribery. With the increased activity and coordination by and among prosecutors on an international level in the monitoring, investigation, and prosecution of transnational bribery, corporations must consider the possible investigations and prosecutions that may be brought both at home and abroad. In addition to discussing the current legal landscape, the authors also offer important practical insight into preventative measures, including the structuring of compliance programs, training of personnel, and responding to allegations of misconduct.

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