The Travel Act – The FCPA’s Red-Haired Stepchild

Sheppard Mullin Richter & Hampton LLP

With all the attention being paid to the Justice Department’s aggressive prosecution of the Foreign Corrupt Practices Act, companies might be tempted to celebrate if an internal investigation revealed that no bribes had been paid to foreign officials (as might give rise to an FCPA violation), even though there had been commercial bribes paid to non-government foreign business representatives.

Before the celebration begins, however, there are some additional rocks to flip over.  While the FCPA’s anti-bribery provisions may not apply, DOJ can still charge foreign commercial bribes under an alternative, non-FCPA theory.  Most prominent of these is the Travel Act, which DOJ has occasionally used to charge foreign bribes.

First, let’s first get clear on how the Travel Act works, because it’s somewhat unusual.  The Travel Act is found at 18 U.S.C. § 1952, which is part of the anti-racketeering chapter.  The Travel Act makes it a crime to engage in any interstate or foreign travel, or to use any mail or facility in foreign or interstate travel, with the intent to “carry on” or “facilitate” any “unlawful activity.”

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Sheppard Mullin Richter & Hampton LLP

Sheppard Mullin Richter & Hampton LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.