In an article for Global Investigations Review (GIR), litigation & enforcement partner Ryan Rohlfsen explains how the new FEPA law can boost the Department of Justice’s capacity to bring enforcement actions against foreign officials who demand bribes, and close jurisdictional gaps for prosecutors looking to punish foreign bribery.
Ryan noted there are many instances where bribes get paid but the money doesn’t pass through the US, leaving the recipients beyond the reach of existing jurisdictional hooks.
“Often what they’re using to pay bribes is local: cash and benefits, particularly for companies that are not publicly traded and doesn’t involve US dollar-denominated transactions,” said Ryan. Thus, the FEPA has the potential to significantly expand US jurisdiction over typical corporate bribery cases, and presents increasing risks for global companies.
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