When the FBI Comes Calling…®
CORRUPTION AND BRIBERY OF PUBLIC OFFICIALS (continued)
Foreign Corrupt Practices Act (continued)
Affirmative Defenses
There are two statutory affirmative defenses that the defendant can raise if he is charged with a violation of section 78dd-1(a) or (g).
- the payment, gift, offer, or promise of anything of value that was made, was lawful under the written laws and regulations of the foreign official's, political party's, party official's, or candidate's country; or
- the payment, gift, offer, or promise of anything of value that was made, was a reasonable and bona fide expenditure, such as travel and lodging expenses, incurred by or on behalf of a foreign official, party, party official, or candidate and was directly related to—
- the promotion, demonstration, or explanation of products or services; or
The Punishment,br />
The punishment for a violation of section 78dd-1 is a fine of up to $5 million, imprisonment for up to 20 years, or both. Id. § 78ff(a). If someone other than a natural person commits a violation, the punishment can be a fine of up to $25 million. Id.
The penalty for a violation of section 78dd-2(a) or (i) by a domestic concern that is not a natural person, is a fine of up to $2,000,000. Id. § 78dd-2(g)(1)(A)The punishment for a willful violation of section 78dd-2(a) or (i) by any natural person "that is an officer, director, employee, or agent of a domestic concern, or stockholder acting on behalf of such domestic concern," is a fine of up to $100,000, imprisonment for up to five years or both. Id. § 78dd-2(g)(2)(A)
The penalty for a violation of section 78dd-3(a) by a juridical person (i.e., a corporation) is a fine of up to $2,000,000. Id. § 78dd-3(e)(1)(A). The punishment for a willful violation of section 78dd-3(a) by a natural person is fine of not more than $100,000, imprisonment for up to five years, or both. Id. §. 78dd-3(e)(2)(A).