American businesses are required to navigate a tangled web of laws and regulations when they operate internationally. This includes strict limitations on how these companies interact with foreign governments and their agents.
Under the Foreign Corrupt Practices Act, paying a bribe to foreign officials is against the law. Whether in an effort to gain a contract or secure other benefits, these actions can lead to criminal charges at home.
This serious matter should not be resolved without the help of a skilled federal criminal attorney. Instead of pleading guilty, consider discussing your options with a Spartanburg FCPA lawyer first.
The Foreign Corrupt Practices Act—or FCPA—criminalizes paying a bribe to any official from another country. However, violating this federal law requires more than just providing money to someone abroad.
The payment must be intended to secure a business opportunity or advantage in a foreign country. It must also be paid to an official representative of that nation. This rule applies to officials in political parties, candidates for office, or representatives of either.
These bribes must be designed to obtain something of value related to a domestic business operating abroad. Some examples include inducing an official to violate their legal duties, direct business to that company, or secure an improper advantage in the country.
The FCPA applies to anyone in the U.S. doing business in another country. In addition to applying to publicly traded companies, small businesses or individuals could be charged with violating the act. You could benefit from relying on the experience of our Spartanburg FCPA attorneys following an investigation by the federal government.
While bribes can take many forms, specific actions are more likely than others to trigger an investigation with the government. Some transactions that can lead to investigatory actions might include the following:
Alone, none of these actions represent criminal activity. However, they could be the earliest signs of a potential violation for federal officials. If you have been targeted, an FCPA lawyer in Spartanburg can advocate on your behalf.
The penalties for a violation of FCPA can differ depending on whether or not the accused is an individual or a business entity. Companies convicted of this offense can be fined up to $2 million, and their managers and directors could be held liable.
When an individual is charged under the act, they are at risk of facing as much as five years in prison. There is also a maximum fine associated with this conviction of $100,000.
You have the right to fight against these allegations and are entitled to a vigorous defense. Let our team help you protect your rights and challenge the government’s evidence against you.
Accusations of bribing a foreign official are serious matters. To protect your rights and freedom, your best path forward includes discussing your case with a Spartanburg FCPA lawyer.
Reach out to the law office of Ellis Hinton immediately to learn more during a private consultation with one of our seasoned criminal defense attorneys. We are former state and federal prosecutors with experience and can help preserve your rights and freedoms.