While it is impossible to know who initiates most bribe situations, the giver or the receiver, one thing is clear: no bribe can take place without both. It is for this reason that international conventions such as the OECD Anti-Bribery Convention and the UN Convention Against Corruption encourage state parties to address both sides of bribery in their national legislation.
However, U.S. law, in contrast to the national legislation of many countries, criminalizes only active foreign bribery. While companies and individuals subject to the jurisdiction of the FCPA are punished for paying bribes, those who receive these bribes largely escape U.S. punishment.
‘Enforcement 40’ for 2020
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