influence of the Foreign Corrupt Practices Act will also be discussed. The paper will be…
The Foreign Corrupt Practices Act allows U.S. companies to make bribes to foreign officials when they are an accepted part of business.…
There seems to be relevant laws and regulations such as Foreign Corrupt Practices Act and Travel Act. The Foreign Corrupt Practices Act made it unlawful to bribe officials. It was passed in 1977.…
The article, “Distant Dilemmas,” by Mark McGraw discusses the business risks related to sending an executive expatriate to other countries and the role of HR in mitigating such risks. McGraw highlights recent surveys by Ernst & Young to provide some color to the level of unethical business practices that occur outside the Unites States. Based on a survey conducted in Europe, half of the respondents felt that one or more unethical business practices were acceptable, with half of those finding cash bribery to obtain business a tolerable business practice. The survey also revealed that many expect corporate fraud to continue to increase over the next several years. To provide some context to the survey, the author provided two recent examples of American based companies that have fallen to the pressures of unethical business practices. Lucent Technologies paid $2.5 million in penalties and fines to settle allegations for inappropriate payment to government officials. Even more egregious is that of Siemens, which settled in the amount of $1.6 billion for maintaining a budget for bribes and unethical payments to government officials in many countries.…
The acronym RICO stands for Racketeer Influenced and Corrupt Organizations Act. This is a Federal State law that creates certain racketeering offenses that include participating in various criminal schemes and conspiracies that allow government seizure of property acquired of violation of the act. (Hall, 2016). RICO was created in the 70's as a way for Congress to try to curb organized crime in the United States. Today all businesses are subjected to RICO, but it established a RICO violation one must prove that the defendant received money or income. Performed a racketeering activity, invested that money into a business, which is an interstate commerce or affects interstate commerce. (Hall, 2016). The second part is the key to RICO, there has…
First, the author explains that government institutions can be considered as one of the factors that influence firms to apply bribery as a political strategy and as one of the sources that provide a perfect environment for bribery, where officials might abuse the government power to get some “private benefits and solicit illegal payments from firms”. A good example is the case of Wal-Mart when the retail store in the attempt to expand in Mexico. The company used bribery to facilitate the establishment in Mexico. Then the scandal hits the world’s biggest retailers. The company lost over $10 billion of market value overnight and just for the bribery of Mexican officials for the amount of $24 million.…
It would be convenient to start this research paper by stating that corruption is a challenge mainly for businesses in developing countries and that it is unrelated to the current affliction of the economy in the United States. It would also be convenient to claim corruption has declined in America as a result of awareness raising campaigns and the numerous anti-corruption laws. But none of those aforementioned statements would be true. Corruption is not the exception, but rather the rule in today’s business practices. In 2004, Daniel Kaufmann, a senior fellow at Brookings Institution and former director at the World Bank, calculated an index of "legally corrupt" manifestations which is defined as the extent of undue influence through political finance influencing politicians and policy making. The United States rated in the bottom half among the 104 countries surveyed (Kaufmann, 2009). Enter Countrywide Financial Corporation, who has become synonymous with home loans in America. After a decade of enormous growth, the company ranked as the nation’s largest originator and servicer of consumer mortgages. Countrywide has also become synonymous with the mortgage meltdown, as many Countrywide borrowers have defaulted on their loans. Countrywide has harmed its shareholders and squandered its own corporate net worth on unethical practices and an unsustainable business model (Unknown, 2008). This paper will outline the act that deregulated the financial system that allowed Countrywide to act in the unethical manner they did, Countrywide’s unscrupulous tactics, Bank of America’s merger with Countrywide and inheriting burdens associated with the merger.…
Are businesses in corporate America making it harder for the American public to trust them with all the recent scandals going on? Corruptions are everywhere and especially in businesses, but are these legal or are they ethical problems corporate America has? Bruce Frohnen, Leo Clarke, and Jeffrey L. Seglin believe it may just be a little bit of both. Frohnen and Clarke represent their belief that the scandals in corporate America are ethical problems. On the other hand, Jeffrey L. Seglin argues that the problems in American businesses are a combination of ethical and legal problems. The ideas of ethical problems in corporate America are illustrated differently in both Frohnen and Clarke’s essay and Seglin’s essay.…
The Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO) was originally put in place to combat the mafia but has become increasingly used to combat corporate schemes as well. The first thing to know is what a racketeer is. A racketeer is defined as a person who obtains money illegally, as by bootlegging, fraud, or extortion. There are lists in other cases used to describe a racketeer using words from arson all the way to witness tampering . The Racketeer Influenced and Corrupt Organizations Act was imposed mainly to be able to prosecute bosses who may order a killing or some other type of illegal activity but have no physical connection with the crime per say .…
Foreign Corrupt Practices Act: A federal law enacted in 1977 which prohibits companies from paying bribes to foreign government officials and political figures for the purpose of obtaining business. US Department of Justice, The Securities and Exchange Commission (SEC)…
What constitutes criminal conduct according to the Racketeer Influenced and Corrupt Organizations Act (1970)? What are the consequences of engaging in these activities? Provide examples.…
During the early 1900’s there had been lots of foreign corruption seeping in through the cracks of US businesses. Companies were secretly trying to find ways of bribery to gain an advantage in some way with business. Finally, in 1977 the Foreign Corrupt Practices Act was amended and signed by President Jimmy Carter, which prohibited the ability of making payments to foreign government officials. These discipline actions have been set in to place provide some sort of official way in preventing a company from securing their business in an unlawful way. There are several cases that support this act and have been documented over the years this has been enacted.…
The Foreign Corrupt Practices Act was design to make it fair for companies in the United States to be able to compete in the global market. It was amended in 1977, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), and it “prohibits United States businesspersons from bribing foreign officials to secure advantageous contracts” (Business Law Text & Exercises, p.22). This law makes it illegal to engage in any form of bribery, whether monetary or of any kind, in order to get an edge in another country. This law applies to all US companies including officials, directors, officers, shareholders, employees and agents. In the past, many companies in the US and the world would engage in bribery in order to get ahead in business procedures. Whether it be a license or creating a loop hole in local laws, the bribery of foreign government officials is something that was a common practice in the past and its is still going on, even with laws being implemented.…
References: Brannen, L. (2008). Steering Clear of Foreign Corruption. Business Finance, 14(1), 7. Retrieved from EBSCOhost.…
Corruption, what is it and why does it seem to flourish in the world of business and in particular government contracting? Corruption as defined by Webster’s dictionary is a lack of integrity or honesty (especially susceptibility to bribery); use of a position of trust for dishonest gain (“corruption,” 2010). All over the world there are stories of corruption from money laundering, unfair awarding of contracts, bribery, and even espionage. Procurement and contracting seem to be one of the areas most prone to corruption, which inevitably has a bearing on how effective public spending can be. Additionally, corruption impairs government agencies as well as private companies because it increases production costs, eliminates true competitiveness, and in a nutshell is not good for business.…