Chapter 7: The FCPA's long tentacles
Throughout this book the FCPA has been examined as a law enforced by the DOJ and the SEC. This chapter explores the FCPA's long tentacles and demonstrates how actual FCPA enforcement actions brought by the enforcement agencies are often just one consequence of FCPA scrutiny in this new era. Indeed, when the dust settles on a corporate FCPA enforcement action, the company may become the subject of a foreign law enforcement investigation or action based on the same core conduct alleged in the FCPA enforcement action. After all, the U.S. action was based on allegations that the company, or someone on its behalf, made payments to a foreign official to obtain or retain business. It is thus understandable why foreign law enforcement agencies may also investigate the conduct and seek monetary fines and penalties. This chapter begins with a discussion of foreign law enforcement investigations and actions that are increasingly following FCPA enforcement actions. Next, this chapter focuses on the business effects of FCPA scrutiny and enforcement. You will learn from various case studies how FCPA scrutiny can impact a company's business operations and strategy in a variety of ways from market capitalization, to cost of capital, to merger and acquisition activity, to impeding or distracting a company from achieving other business objectives.
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