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FCPA DOJ Guidance Lawyers
As today’s modern business world has become more complex, it has also become more international in terms of developing working relationships with individuals and companies overseas. While in most cases the relationships forged are perfectly legal, they may be called into question by authorities from the federal government. If this happens, it will likely be due to federal officials believing you have violated terms of the Foreign Corrupt Practices Act. Created in 1977, this federal legislation makes it illegal for persons, companies, or other entities to pay officials of foreign governments in order to secure or retain business. In simple terms, federal officials view such payments as bribery or corruption. If you find yourself facing such charges, turn immediately to FCPA DOJ guidance lawyers for legal advice.
Violating FCPA
While it may seem simple to distinguish what constitutes a violation of FCPA, it is not always easy. In many cases when individuals or companies are in the midst of negotiating deals with foreign governments, payments may be made for services that have already been rendered or for future services. However, the U.S. government may view these payments as bribes to foreign officials. If this is the case, you may be facing a variety of serious penalties, which can include fines and prison sentences. When the U.S. government perceives you to have violated FCPA, the court process that will follow can be very intense and confusing. To make sure your constitutional rights are protected during this lengthy process, turn to established FCPA DOJ guidance lawyers for assistance.
Third-Party Payments
Since you will have concerns about making payments directly to an official from a foreign government, it may seem as if third-party payments would not be in violation of FCPA. However, even joint-venture partnerships where payments are made to one party who will pass on part or all of the money to the government official are prohibited. In these instances, the charges against you can include bribery, corruption, and even money laundering, all of which add up to a long prison sentence if you are found guilty. If you are currently involved in a business venture and are unsure about whether or not a payment structure is allowed under FCPA, speak to an experienced FCPA DOJ guidance lawyer to ensure prosecutors will be unable to pursue bribery or corruption charges against you later on.
Records and Oversight
As part of FCPA, companies and individuals involved in business dealings with foreign governments are required to keep accurate records of all financial transactions, assets, and accounts related to these business deals. Along with this, a compliance system that can be used to oversee the appropriate use of assets is also part of the requirements contained in FCPA. Should government investigators begin looking into your business dealings in these matters, having detailed and accurate records can be the difference between winning your court case or heading off to prison for decades.
Defining Bribery and Corruption
As stated earlier, being able to accurately define what constitutes bribery or corruption in these business ventures can be complex and confusing. Based on FCPA anti-bribery provisions, payments made to government officials that are considered to be bribery or corruption must be done so in a manner that pressures the official to misuse their official position. As for the types of assets that can be considered bribery, this includes cash, travel, various types of entertainment or gifts, and even charitable contributions. Since government investigators will have to examine much evidence to build a strong case against you, don’t let them get ahead of you on this matter. Instead, consult with and hire knowledgeable FCPA DOJ guidance lawyers so that investigators cannot jump to conclusions regarding your actions and motives.
Since criminal penalties for violations of FCPA can be as much as $2 million and five years or more in prison, never sit back and believe a conviction cannot happen to you. Instead, sit down and discuss the specific details of your case with FCPA DOJ guidance lawyers you can trust. Since it will ultimately be their judgment and ability to develop a sound legal strategy that may win your case, always hire the best lawyers when facing these serious charges.