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Foreign Corrupt Practices Act: A Practical Resource for Managers and Executives

ISBN: 978-0-470-91800-5
288 pages
December 2010
Foreign Corrupt Practices Act: A Practical Resource for Managers and Executives (0470918004) cover image
A thoroughly pragmatic guide to the U.S. Foreign Corrupt Practices Act (FCPA)

This is a critical FCPA training resource for executives, managers, sales, marketing, finance and accounting personnel, as well as high level professionals.

  • The ideal resource for any business that takes FCPA compliance seriously and truly desires to foster a deep understanding of real-world corruption issues in their employees
  • A great resource for business school courses on international business or business ethics and anyone interested in understanding these issues for their own professional growth
  • Includes in-depth analysis of all major FCPA risk areas, including discussions of how FCPA issues arise in real-world business situations
  • Covers all aspects of bribery and FCPA compliance issues to ensure that your business is not exposing itself to financial scandal or criminal prosecution

FCPA compliance is mandatory for nearly all international businesses operating in today's global economy. This book serves as the perfect training tool to mitigate your organization's risk to FCPA violations, which is one of the top enforcement priorities for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).

Praise for Foreign Corrupt Practices Act: A Practical Resource for Managers and Executives

“Aaron Murphy’s book is absolutely fantastic. As a seasoned lawyer and compliance professional, having worked for fortune 100 companies with global operations for many years and being an FCPA expert myself, I have never come across a more detailed yet easy to read book on FCPA. It contains practical advice and provides examples that are put into context, that the reader can easily relate to and that take into consideration different cultures and customs. A must read for any individual/ organization doing business abroad.”
~ Fabiana Lacera-Allen, Senior Vice President & Chief Compliance Officer, Elan Drug Technologies

“This book is essential reading for anyone conducting business outside US borders. Executives, managers, sales, marketing, finance, and legal professionals will find sound practical advice to protect themselves and their companies from FCPA violations when operating globally. Much more than a general survey, this book offers scores of real world examples and serves as an easy-to-read, how-to resource for employees at all levels of a company. It will be a valuable reference tool for many years to come.”
~ Jeff Taylor, former US Attorney for the District of Columbia and former counselor to Attorneys General John Ashcroft and Alberto Gonzales

“If you are a manager involved in any kind of international dealings—which is to say, if you work for any major firm in today’s global marketplace—you need to study Aaron Murphy’s comprehensive, precise and highly readable analysis of life under the Foreign Corrupt Practices Act (FCPA). Few FCPA violations are intentional, yet the consequences even of unwitting violations can be drastic for you, your colleagues, and your firm. Murphy’s book shows why business practices perfectly acceptable at home are federal crimes in other settings, how to think your way through ambiguous situations, and—perhaps most important—when to get expert advice. It is a field guide to a world where authority and discretion are all too often up for sale, and a resource that will help you avoid trouble—and even succeed—within the bounds of this crucial yet little-understood legislation.”
~ Michael Johnston, Charles A. Dana Professor of Political Science, Colgate University

“Every businessperson working in the emerging markets should read and understand the way in which their actions and behaviour may fall subject to the FCPA. This book is a great practical guide to a complex law.”
~Scott Lane, Principal and CEO, The Red Flag Group

“Most business managers have heard of the FCPA, but few truly understand the breadth of the FCPA as applied to real-world scenarios. Murphy, an FCPA practitioner with extensive real-world experience, provides an easy to read FCPA handbook for business managers. This book is essential reading for business managers looking to develop and implement risk management policies and procedures in this era of aggressive FCPA enforcement.”
~ Professor Mike Koehler, Butler University, Editor – FCPA Professor Blog

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Foreword.

Acknowledgements.

Introduction Who Is This Book For?

CHAPTER 1 Basics of the Foreign Corrupt Practices Act.

CHAPTER 2 What's the Big Deal? Billion-Dollar Fines and Jail Time.

CHAPTER 3 You Do More with the Government Than You Think.

CHAPTER 4 Know Your Customers and Suppliers: The Dangers of State-Owned Entities.

CHAPTER 5 Guess Who's Coming to Dinner? The Dangers of Meals and Entertainment.

CHAPTER 6 Ensuring that Business Trips Really Are For Business.

CHAPTER 7 Gifts that Give Back.

CHAPTER 8 Know Your Agents and Consultants.

CHAPTER 9 So What Can You Do? Facilitating Payments and Other Exceptions.

CHAPTER 10 Keeping Good Records and Maintaining Good Procedures.

CHAPTER 11 Are You Buying a Problem? Due Diligence in Acquisitions and Government Contracts.

CHAPTER 12 Time Off for Good Behavior: Why Compliance Matters.

APPENDIX 1 Anti-Bribery, Record-Keeping, and Internal Controls Provisions of the Foreign Corrupt Practices Act.

APPENDIX 2 Relevant Provisions of the Principles of Federal Prosecution of Business Organizations.

APPENDIX 3 Excerpts from the Federal Sentencing Guidelines Manual.

About the Author.

Index.

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AARON G. MURPHY is a partner in the international law firm of Latham & Watkins. He has advised on FCPA matters on five continents and has conducted in-country bribery investigations in more than a dozen countries in Asia, Africa, the Middle East, Central Asia, and Europe. His clients include Fortune 100 companies, small- and mid-sized companies both public and private, as well as individuals.
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