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International Journal of Law and Management

EXPLAINING INTERNATIONAL VARIANCE IN FOREIGN BRIBERY PROSECUTION: A COMPARATIVE CASE STUDY

SARA C. SÁENZ
Duke University School of Law, J.D. May 2016; Washington University in St. Louis, A.B. 2013
Abstract :

A major military contract is on the line. Your company has seen too many recent financial troubles to lose it to the competition. So your company opts to slip $38 million under the table to foreign political officials to make sure the contract is yours.1 This story is not unusual: an estimated 1.5% of the world’s Gross Domestic Product (GDP) goes to paying bribes.2 Giving bribes decreases efficiency in the private sector and misallocates government funds to overpriced contracts with the best bribe rather than the best project.3 Yet some of the world’s major economies have prosecuted as few as three foreign bribery cases since 1999.4 In 1977, after recognizing that over $300 million in “questionable payments” went from United States firms to foreign officials,5 the U.S. enacted the Foreign Corrupt Practices Act (FCPA).6 For twenty-two years, the United States was alone in the push to punish foreign bribery through the FCPA.7 Today, the Organisation for Economic Co-operation and Development (OECD) has created an international body of countries resolved to combat foreign bribery practice.8

Keywords :
states, FCPA, Foreign Bribery

Date Deposited : 31 Mar 2016 11:02

Last Modified : 31 Mar 2016 11:02

Official URL: http://scholarship.law.duke.edu/

Volume 26, Number 1, - 2015 , ISSN 2328-9708

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