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As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.
Editor’s note: In last month’s newsletter (see http://bit.ly/2q2ZSo5), the authors began discussion of whether we should expect changes in enforcement of the Foreign Corrupt Practices Act (FCPA) in the Trump era. Trump once called application of the law to deals done in countries where bribery is the cultural norm “absolutely crazy.” But that was when he was purely a businessman, and a private citizen. What about now?
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In recent years, U.S. prosecutors and regulators have shown increasing interest in prosecuting people and entities with little or no connection to the United States. This trend has been especially pronounced in the context of the Foreign Corrupt Practices Act (FCPA) and has also extended beyond the FCPA to the prosecution of white-collar crime more generally.
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