In order for an individual defendant to be criminally liable under the FCPA, he or she must act “willfully.” The term “willfully” is not defined in the FCPA, but it has generally been construed by courts to connote an act committed voluntarily and purposefully, and with a bad purpose. The FCPA does not require the government to prove that a defendant was specifically aware of the FCPA or knew that their conduct violated the FCPA.
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…
