Where corrupt intent is present, the FCPA prohibits paying, offering, or promising to pay money or anything of value (or authorizing the payment, offer, or promise). Also, as long as the offer, promise, authorization, or payment is made corruptly, the actor need not know the identity of the recipient; the attempt is sufficient. As Congress noted when adopting the FCPA, the word “corruptly” means an intent or desire to wrongfully influence the recipient. By focusing on intent, the FCPA does not require that a corrupt act succeed in its purpose.
The Anti-Corruption Tools Exist—Why Aren’t We Using Them?
NWC program manager Jeana Lee explains that proven anti-corruption laws have recovered over $25 billion in sanctions and protect whistleblowers regardless of nationality. But most countries haven’t implemented them—and most…
