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Editor's Note: In last month's newsletter, the author shone a light on an issue that might be overlooked by some companies doing business overseas: the risk that a third party a business works with ' like a consultant, agent, broker or distributor ' will involve the company, perhaps unknowingly, in activities that could expose it to liability for violations of the the Foreign Corrupt Practices Act (FCPA), the government's primary weapon against bribery of foreign officials. That discussion concludes herein.
The DOJ's New Pilot FCPA Enforcement Plan
The Department of Justice's (DOJ's) April 5, 2016, memorandum titled The Fraud Section's Foreign Corrupt Practices Act Enforcement Plan and Guidance (“Enforcement Plan”), sets out several major FCPA enforcement initiatives. See http://1.usa.gov/1TuEjkh. First, the DOJ is “intensifying” its efforts by adding 10 prosecutors to its FCPA Unit, supported by three new dedicated squads of FBI special agents and increased information-sharing with foreign counterparts.
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