Thursday, June 2, 2011

A look at the Foreign Corrupt Practices Act

In my opinion, the Foreign Corrupt Practices Act is often overlooked by the qui tam bar.  The case against BAE Systems illustrates how DoJ has used the FCPA.  From the Dept. of Justice:
"BAE Systems plc (BAES) pleaded guilty today in U.S. District Court in the District of Columbia to conspiring to defraud the United States by impairing and impeding its lawful functions, to make false statements about its Foreign Corrupt Practices Act (FCPA) compliance program, and to violate the Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR), announced Acting Deputy Attorney General Gary G. Grindler. BAES was sentenced today by U.S. District Court Judge John D. Bates to pay a $400 million criminal fine, one of the largest criminal fines in the history of DOJ’s ongoing effort to combat overseas corruption in international business and enforce U.S. export control laws."  (Click here for the complete press release.)
Click here for the criminal charging instrument.

Click here for BAE's plea agreement.

Click here for the sentencing memo.

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