ACC3323-01 (14519) Homework1-Elisena Gutierrez
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Foreign Corrupt Practices Act
Elisena Gutierrez
Department of Accounting, University of Houston Downtown
ACC 3323: International Accounting
Professor Thomas Jackson
June 12
th
, 2022
2
Abstract
The Foreign Corrupt Practices Act (FCPA) is an act that was passed in 1977 to prevent the payment of bribes to foreign officials to acquire or maintain business. Bribes include the offer, pay, or promise to pay money or anything of value including gifts. It was passed after the Securities Exchange Commission (SEC) found over 400 companies that made bribes to foreign officials during the 1970s. The FCPA was intended to be used to cut down on the international corruption in the world. It is enforced by both the SEC and Department of Justice (DOJ) and applies to prohibited conduct anywhere in the world by both public and private companies. Punishments for violating the FCPA can include corporations having to pay back double the amount that they would have benefited from the bribery and up to five years in prison for individuals who violate the FCPA. Different countries will have different ideas around what they
consider corruption however the FCPA is a U.S. law to prevent what the United States has identified as corruption.
Keywords: FCPA, corruption, SEC, foreign officials
3
The Foreign Corrupt Practices Act is a United States law enacted in 1977 to prevent a U.S. person or business from paying a bribe to a foreign official in order to obtain or retain business (Mendel, 2021). The FCPA was enacted during the 1970s due to the widespread bribery
of foreign officials by U.S. companies. In 1974, the issue of foreign bribery was discovered by investigations led by the Watergate Special Prosecutor into illegal domestic campaign contributions (Mendel, 2021). The SEC made inquires into these contributions and realized they were made because of falsified financial records and secret funds companies created to make these corrupt payments to both domestic and foreign officials. The SEC continued to investigate from 1974 to 1976 and found that over 400 U.S. corporations were guilty of bribing foreign public officials and out of those 117 were from the Fortune 500 (Mendel, 2021). The SEC sent these findings to congress who eventually passed the Foreign Corrupt Practices Act and it was signed into law by President Jimmy Carter on December 19
th
, 1977 to put a stop to these briberies. The act gained a lot of support from American companies because they couldn’t compete with foreign markets where bribery was accepted (Kenton, 2022).
The primary purpose of the FCPA is to prevent bribery and corruption internationally. It is to stop U.S. companies from paying bribes to foreign officials to enable business dealings. These practices were already unethical before and this act makes them illegal as well. The FCPA
contains policies that outline how to govern publicly traded companies and their employees (Kenton, 2022). The act also has a section that outlines accounting transparency guidelines that these companies must follow to help ensure that they are operating legally and make it difficult for them to make illegal payments (Kenton, 2022). The FCPA is enforced by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) (Kenton, 2022). The SEC contains a special unit dedicated to only focusing on matters related to the FCPA (Kenton, 2022).
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Related Questions
Under the Foreign Corrupt Practices Act of 1977 (FCPA):
a. No US person or company that has securities listed on US markets may make a payment to a foreign officical for the purpose of obtaining or retaining business (pay a bribe)
b. Companies that have securities listed on U. S. markets must make and keep financial records that accurately and fairly reflect transactions of the company and must design and maintain an adequate system of internal accounting controls.
c. Certain payments to foreign officials known as “grease payments” made to an official to expedite the performance of duties that the official would already be bound to perform are permitted.
d. only A and B are included in the FCPA
e. A, B, and C are included in the FCPA
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As the money laundering saga continued to snowball, Taiwan lawmakers alleged former President Ma Yingjeou’s involvement in the illegal transactions. Ma was also the Chairman of Kuomintang (KMT), the second largest political party in Taiwan and the ruling party at that time, which was alleged to have used Mega Bank to conduct money laundering activities. In its defense, KMT released the results of an investigation by the Legislative Yuan, showing that none of the 174 suspicious transactions flagged by DFS had passed through Taiwan. However, political activists still found it difficult to ignore the possibility that Mega Bank had assisted KMT in cleaning up illicitly gained assets. Democratic Progressive Party (DPP) legislator Luo Chih-cheng alleged that Mega Bank had been used to empty out KMT’s assets, while Mega-New York was used to launder them. Another DPP legislator, Su Chen-ching, also highlighted the fact that the bank had increased its loan…
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GOVERNMENT INVOLVEMENT IN MEGA BANK
As the money laundering saga continued to snowball, Taiwan lawmakers alleged former President Ma Yingjeou’s involvement in the illegal transactions. Ma was also the Chairman of Kuomintang (KMT), the second largest political party in Taiwan and the ruling party at that time, which was alleged to have used Mega Bank to conduct money laundering activities. In its defense, KMT released the results of an investigation by the Legislative Yuan, showing that none of the 174 suspicious transactions flagged by DFS had passed through Taiwan. However, political activists still found it difficult to ignore the possibility that Mega Bank had assisted KMT in cleaning up illicitly gained assets. Democratic Progressive Party (DPP) legislator Luo Chih-cheng alleged that Mega Bank had been used to empty out KMT’s assets, while Mega-New York was used to launder them. Another DPP legislator, Su Chen-ching, also highlighted the fact that the bank had increased its loan…
arrow_forward
Select the necessary words from the list of possibilities to complete the following statements.
1.
The Foreign Corrupt Practices Act of 1977 prohibits
2.
companies to maintain an effective system of internal control.
Statements
Under COSO, the control environment, risk assessment, the accounting information and communication system,
control activities and monitoring are referred to as the
of internal control.
to foreign officials to obtain business and requires
No single employee in a company should have incompatible
3.
and conceal errors or fraud in the normal course of performing his or her job.
4. The two broad categories of information processing controls are
5. Controls that rely on segregation of duties may be circumvented by
6.
A client's
organizational structure.
9.
allowing the employee to both perpetrate
and application controls.
environment includes such components as management philosophy and operating style, and
7.
A form of insurance in which an insurance company agrees…
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arrow_forward
2
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#24
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Corruption
Fraudulent billing
Inappropriately reporting revenues in published financial results
Misappropriation of assets by employees
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Contrast the concept (how they are similar or different from each other)
Illegal appropriation vs. corruption
corruption vs. Fraud in the states
Fraud in the states vs. illegal appropriation
explain the concept
illegal appropriation
Corruption
Financial Statement Fraud
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The Sarbanes-Oxley Act (SOX) contains all of the following titles that have a direct impact on forensic accounting and fraud except:
Group of answer choices
Title 4 prohibits personal loans and requires certain financial disclosures.
Title 11 provides a possible 25-year prison sentence for anyone altering, destroying, mutilating, or concealing a record, document, or other object (or otherwise impeding) for an official proceeding.
Title 9 increases maximum prison sentences for mail and wire fraud from 5 to 20 years. Willfully and knowingly certifying financial reports not in compliance with the Act is now a criminal offense.
Title 4 prohibits personal loans and requires certain financial disclosures.
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