White Collar Defense Advisory: The DOJ's Aggressive New Policy To Prosecute Foreign Private Commercial Bribery


The Department of Justice (DOJ) continues its vigilant pursuit of violations of the Foreign Corrupt Practices Act (FCPA) by both corporations and individuals. A recent case in California indicates an aggressive new policy by the DOJ to use the Travel Act (18 U.S.C. § 1952), in addition to the FCPA (15 U.S.C. § 78dd-2), to prosecute alleged foreign bribery. The FCPA has been widely used to prosecute bribery of foreign public officials, but use of the Travel Act expands the scope of bribery prosecutions into the private business context. This is a noteworthy development for any company that conducts foreign business.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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