Anything of Value

The FCPA was not designed to prohibit hospitality to foreign officials, but giving an official anything of value for the sake of gaining unfair benefits is forbidden. Corrupt payment can be in the form of cash, gifts, travel, entertainment, or even charitable contributions. For example, a pharmaceutical company used charitable donations to a small local castle restoration charity headed by a foreign government official to induce the official to direct business to the company. Under the FCPA, so long as the payment—which can be anything from a trip to Las Vegas to a philanthropic donation—is given with corrupt intention, it is forbidden.