Do You Need to Consult with a Foreign Corrupt Practices Act (FCPA) Lawyer?
Violating the FCPA is a serious federal crime for which an FCPA defense lawyer can keep you out of jail by getting your charges dropped or dismissed or have your charges reduced. As a former federal prosecutor, Gregg Gallian has the experience with FCPA fraud that you need.
Read further to learn more about the Foreign Corrupt Practices Act and learn why you should Gallian Defense Firm for a free case review.
Even if you have hired another FCPA federal defense lawyer, a call to Gallian Firm will be critically important for you. Don’t hesitate, act now!
What Is THE FCPA?
The Foreign Corrupt Practices Act (FCPA) was enacted in 1977 to prevent individuals from bribing foreign government officials in exchange for business gains. The provisions within this act consist of anti-bribery and accounting laws that prevent public officials from making corrupt payments to foreign organizations.
The term public official generally refers to political figures, business entities, and other individuals that possess influence in the eyes of the public. For example, senators, representatives, mayors, major corporations, etc.
What Are Examples OF FCPA Violations?
The following violations are examples of the business practices that are considered corrupt under the provisions of the FCPA.
- An individual or organization bribes a foreign business to secure a contract.
- Failure to keep accurate bookkeeping and other financial records.
- Lack of adequate anti-bribery compliance training/policies.
- Lack of internal controls.
A couple examples of big name companies that have faced FCPA violation allegations include Ralph Lauren and Pfizer.
Who Is Subject To FPCA Provisions?
US citizens, permanent residents, private and public companies, and certain non-US entities are subject to the provisions enacted by the Foreign Corrupt Practices Act.
These laws apply to broad range of individuals and organization that have a certain degree of connection within the United States, including corporations, partnerships, sole proprietorships, etc.
It is a common misconception that these provisions are not applicable to private organizations. This is not true. Private organizations are subject to the anti-bribery and accounting provisions listed in the FPCA.
A foreign public official is defined as any individual who holds an administrative, legislative, or judicial office in a foreign country or perform public services.
Which Federal Laws Apply To The FCPA?
The Foreign Corrupt Practices Act is a federal law as noted in 15 U.S.C. §§ 78dd-1. Federal crimes are handled by the United States Federal Judicial System.
What Are Possible Penalties for FCPA VIolations?
Federal government agencies, including the United States Department of Justice (DOJ), Securities and Exchange Commission (SEC), and international authorities work together to prevent, enforce, and enact penalties for violations of the FCPA.
Penalties for violations of this act can include criminal penalties of fines up to $100,000 for individuals or $2,000,000 for corporations. You could also face up to $10,000 in civil penalties and 5 years of imprisonment.
The prosecution will need to prove that the financial compensation, gifts, or other incentive was administered in an attempt to bribe a foreign party for business gain.
What Defenses Can an FCPA Defense Lawyer Utilize for the best defense?
The prosecution will need to prove that the financial compensation, gifts, or other incentive was administered in an attempt to bribe a foreign party for business gain.
The defense will need to prove that any made to a foreign organization was lawful under the laws of the other nation and was a valid business expenditure.
Why Should I Contact Experienced Defense Lawyer Gregg Gallian?
Not all criminal defense lawyers are knowledgeable regarding FCPA provisions or experienced in defending clients against these allegations. Retaining the assistance of an experienced criminal defense lawyer is critical to beat these charges.
Gregg Gallian is a former prosecutor with experience in federal courtrooms. This experience, skill, and knowledge are vital when facing serious allegations of FCPA violations
Reach out for a free case review and get sound, honest advice if facing FCPA charges.
