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Foreign Partnership Act Case Study

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After a thorough examination of the Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C §§78dd-1 (FCPA) and the United Kingdom’s Bribery Act of 2010. It is recommended that The Phone and Build pay the $1000 expedited service fee to hear the results of the bid before its made public. This determination supersedes the Growastan’s deputy minister of communications other three offers that included paying him $100,000, giving him a Maserati, or donating $100,000 to his son’s political campaign to obtain the winning bid for a 5 million-dollar contract that was submitted by Thomas Doright, the expatriate of Phone and Build’s operations in Growastan which posed issues of bribery. To avoid problems in the future with bribery, the Phone…show more content…
The punishment prescribed by the statute is a fine for both individuals and companies. For individuals, the criminal penalties may include up to $250,000 in fines per violation and up to 5 years in prison and civil penalties of up to $16,000 per violation. For companies, the criminal penalties may include a fine up to $2 million per violation and civil penalties up to $16, 000 per violation. Moreover, employees are not permitted to pay the fines of their employees or agents. Nevertheless, the Alternative Fines Act allows for fines up to twice the amount of any benefit obtained by the defendant who made the corrupt payment, and the Federal Sentencing Guidelines are used to decipher the appropriate fine amounts. Furthermore, companies found liable under the FCPSA may also face suspension or be permanently prevented from contracting with the federal government and in some cases, lose export privileges. An individual could be imprisoned for ten years for a violation, and both individuals and the company face unlimited fines for violating FCPA provisions. There are common exceptions under the FCPA in which a gift or offering is not a bribe if it is not given for fraudulent purposes. Therefore, if Phone and Build considered paying the $1000 expedited service it is hard to for a prosecution team to prove the company had any intentions of
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