Questions have arisen about the Trump administration’s interest and willingness to enforce the Foreign Corrupt Practices Act (FCPA). The concern was raised during President Trump’s campaign, when then when memories of then-businessman Trump called the FCPA a “horrible law” in 2012. However, Attorney General Jeff Sessions recently affirmed the Trump administration’s commitment to enforce it. How does this affirmation affect potential whistleblowers?
In a nutshell, the FCPA prohibits Americans and American companies from bribing foreign officials in an effort to attract or retain a business relationship. Sessions confirmed that the Department of Justice (DOJ) will continue to enforce the FCPA, meaning that whistleblowers who report illegal payments to foreign governments will continued to receive the backing of the DOJ. If you find yourself in a position where your employer is engaging in the sort of illegal conduct prohibited by the FCPA, you need an experienced attorney to provide you with advice on how to navigate this extremely difficult situation. In addition to whistleblowing being the right thing to do, there are also financial rewards under the FCPA for those who alert the government to corporate bribes to foreign nations.
History of the FCPA
Enacted forty years ago, the FCPA, 15 U.S.C. §§ 78dd-1, makes it against the law for all United States companies or individuals to bribe foreign officials on an effort to to obtaining or retain business. In short, your employer cannot engage in “pay to play” with other countries. Additionally, the FCPA also requires companies to document how they do business with foreign countries in an effort to maintain a record of all transactions. This latter requirement is in place to make sure that there is a record of payments to foreign nations. This prevents senior members of a company’s leadership from claiming that they had no way of knowing that illegal payments were being made.
What is the New Administration’s View of the FCPA?
In 2012, then business leader Trump trivialized the FCPA’s noble goals by suggesting that the rest of the world conducts business through bribes and other illegal payments, and that the United States’ decision to prevent those sorts of payments was pollyanna thinking. Trump stated then that the FCPA is a “horrible law” and “the world is laughing at us” because of the U.S.’s stance. He suggested that the FCPA put U.S. companies at a competitive disadvantage abroad. Obviously, memories of these statements made anti-corruption advocates nervous once Trump was elected president. As a result, attorney General Sessions’ affirmation that the DOJ will continue to enforce the law was welcomed by those who feared that the new administration may either let it go unenforced or, worse, actively undermine its stated goal of leveling the international business playing field.
Financial Rewards for Whistleblowers
If you are aware of bribes being paid to a foreign nation, you may be entitled to a significant reward for your decision to become a whistleblower. The Sarbanes-Oxley Act and the Dodd-Frank Act require the Securities and Exchange Commission to pay potentially significant rewards to whistleblowers who choose to notify the government of foreign bribery. The Dodd-Frank Act awards whistleblowers 10 to 30 percent of any money recovered of over $1 million that the agency attains from a violator after an enforcement action.
If you are employed by a company that is paying bribes to attract or retain business with a foreign nation, you need experienced Mississippi whistleblower counsel now.
Contact the Mississippi Whistleblower Attorney at (601) 790-1505 to speak to a Mississippi whistleblower immediately if you think you may be a Foreign Corrupt Practices Act whistleblower. Not only is alerting the United States government the right thing to do, that act may entitle you to significant financial reward.
