Discussion 2.2

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FCPA and Anticorruption Case Analysis

No matter the situation or the case, I won’t risk anyway by hiring the former Mexican Diplomat Gonzalez. The company might be at risk of delaying to open but trusting Gonzalez and paying him in order to hurry up wings will further worsen things. Paying Gonzalez will have violated the Foreign Corrupt Practices Act, which prohibits Americans from paying bribes to foreign officials in furtherance of a business deal. This act was passed in 1977, which puts no “de minimus” for inducements, highlighting how seriously the United States regime deals with government representatives’ bribery cases. It’s better for me to delay opening the company and pay $25,000 per week than going against FCPA. The pressure from the U.S. management might be stressing but paying one hundred thousand dollars to Gonzalez will not be the best decision to make. There are potential “red flags” of action by paying him to violate the FCPA.

Under the FCPA for the United States, it will not be permissible for me and the business to pay a bribe to the foreign official in exchange for business. Paying the bribe will be an extremely costly mistake to the company in terms of reputation damages and finances. By being the representative of the U.S. firm, I have the duty and responsibility to make sure that I implement suitable programs to make sure that the company is effective in executing the protocols to avoid such kinds of payoffs and bribes from occurring. Being a representative from the United States, it is not advisable to go against anticorruption law. The FCPA Act was enacted to prevent U.S. persons and U.S. companies from making payments to foreign government representatives to obtain government business or retain government business (Department of Justice, 2017). I will not hire or pay Gonzalez in anyway. It is worth to wait for the building permits that violating FCPA Act.

Reference

Department of Justice. (2017). Foreign corrupt practices act. The United States Department of Justice.

Retrieved from: https://www.justice.gov/criminal-fraud/foreign-corrupt-practicesact