Asking Too Much from the Justice Department?

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1 Response

  1. Jon May says:

    What there needs to be is less regulation and one clear rule. Don’t pay a bribe to obtain a contract from a foreign government and don’t pay anyone to do it for you. How that is done should be left to the company.

    If the company knew about a bribe or learned about it and did nothing, the company should be held accountable under the FCPA. If the company learned about it, put a stop to it, and reported it, the company should not be held accountable. If there is no evidence that the company knew about the bribe (assuming no evidence of conscience avoidance either) the company should be civilly liable and the offending employee alone criminally liable.

    There is no evidence that anything more complicated than this is needed to enforce the law. There is a ton of evidence that what we have now, and are likely to have even more of after we get further guidance from DOJ, is a boondoggle for lawyers and consultants.