Violations of the FCPA

There are five elements that constitute a violation of the anti-bribery provision


The FCPA states that payments includes offers, payments and promises to pay, gifts, promises to give or authorization to pay, offer or give anything of value. Anything of value includes tax benefits, information and promises of future employment, scholarships, discounts, entertainment, travel expenses and insurance benefits.

Foreign official

The Foreign Corrupt Practices Act prohibits payments made to a foreign official, political party, political party official or a candidate for foreign political office.

Payments made to third parties are prohibited if the payer knows that the payment is meant for the foreign official, whether direct or indirectly. Knowledge includes deliberate ignorance or conscious disregard.

Corrupt intent

Corrupt intent is defined as any payment made with the purpose of Influencing an act or decision.

  • Inducing an official to act in violation of that official’s lawful duty.
  • Securing an improper advantage.
  • Inducing an official to use their influence to affect any governmental act or decision.

Business purpose

In addition to a corrupt intent, a payment must be made with the objective of obtaining, retaining and or directing business.