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