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Busting Bribery: Sustaining The Global Momentum Of The Foreign Corrupt Practices Act, Dan Danielsen, David Kennedy

Dan Danielsen

No abstract provided.

Global Bribery: The Foreign Corrupt Practices Act, Lucian Dervan

Lucian E Dervan

Written for a European publication focusing on internal investigations, this piece seeks to introduce the reader to the fundamental elements of the American FCPA, including discussion of available defenses under the statute. Further, this piece discusses some of the collateral considerations that must be made during the investigation of an FCPA matter, particularly given the existence of overlapping anti-bribery provisions in various countries throughout the world and the likelihood of concurrent parallel proceedings both in the United States and abroad during the pendency of any international bribery matter. Finally, this piece offers some thoughts regarding FCPA compliance programs.

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Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest-Services Fraud, Alex Stein

Alex Stein

This Article develops an economic understanding of bribery, unlawful gratuity, and honest-services fraud offenses. Given the inherently transactional and private nature of these offenses, courts should elicit the parties’ intent from the economics of their exchange. When the exchange yields the parties a benefit not available on the open market, then - depending on the exchange’s particulars - it constitutes bribery, unlawful gratuity, or honest-services fraud. Based on this simple insight, I criticize the Supreme Court’s jurisprudence of criminal corruption.