Law and Politics in FCPA Prosecutions of Foreign Corporations

Abstract The expansive reach of US prosecutions addressing corporate and economic crimes has piqued the interest of many commentators and scholars. This is perhaps nowhere more evident than in the enforcement of the US Foreign Corrupt Practices Act (“FCPA”) against non-American corporations. The US...

Full description

Saved in:
Bibliographic Details
Main Author: Elizabeth Acorn
Format: Article
Language:English
Published: Fundação Getúlio Vargas, Escola de Direito 2021-09-01
Series:Revista Direito GV
Subjects:
Online Access:http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322021000200802&tlng=en
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1832573895233765376
author Elizabeth Acorn
author_facet Elizabeth Acorn
author_sort Elizabeth Acorn
collection DOAJ
description Abstract The expansive reach of US prosecutions addressing corporate and economic crimes has piqued the interest of many commentators and scholars. This is perhaps nowhere more evident than in the enforcement of the US Foreign Corrupt Practices Act (“FCPA”) against non-American corporations. The US adopted the FCPA in 1977 to ban the payment of bribes to foreign public officials to obtain a business advantage—decades before most other countries did so and with jurisdiction over American and many foreign corporations. More than 40 years after the creation of the FCPA, this article reviews and outlines a growing interdisciplinary research agenda that considers historical, legal, and political influences on the application of the FCPA to foreign corporations. In addition to mapping the contours of this growing research agenda, the article identifies several challenges for such research and proposes potential avenues for future research that promise to deepen our understanding of why and when the US makes use of its expansive jurisdiction to prosecute foreign corporations for bribery of foreign public officials.
format Article
id doaj-art-564c083a3de641e0813a86ddb905a591
institution Kabale University
issn 2317-6172
language English
publishDate 2021-09-01
publisher Fundação Getúlio Vargas, Escola de Direito
record_format Article
series Revista Direito GV
spelling doaj-art-564c083a3de641e0813a86ddb905a5912025-02-02T02:23:05ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-61722021-09-0117210.1590/2317-6172202124Law and Politics in FCPA Prosecutions of Foreign CorporationsElizabeth Acornhttps://orcid.org/0000-0002-3107-2037Abstract The expansive reach of US prosecutions addressing corporate and economic crimes has piqued the interest of many commentators and scholars. This is perhaps nowhere more evident than in the enforcement of the US Foreign Corrupt Practices Act (“FCPA”) against non-American corporations. The US adopted the FCPA in 1977 to ban the payment of bribes to foreign public officials to obtain a business advantage—decades before most other countries did so and with jurisdiction over American and many foreign corporations. More than 40 years after the creation of the FCPA, this article reviews and outlines a growing interdisciplinary research agenda that considers historical, legal, and political influences on the application of the FCPA to foreign corporations. In addition to mapping the contours of this growing research agenda, the article identifies several challenges for such research and proposes potential avenues for future research that promise to deepen our understanding of why and when the US makes use of its expansive jurisdiction to prosecute foreign corporations for bribery of foreign public officials.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322021000200802&tlng=enAnti-corruptionFCPAOECD Anti-Bribery Conventiontransnational corporationscross-border law enforcement
spellingShingle Elizabeth Acorn
Law and Politics in FCPA Prosecutions of Foreign Corporations
Revista Direito GV
Anti-corruption
FCPA
OECD Anti-Bribery Convention
transnational corporations
cross-border law enforcement
title Law and Politics in FCPA Prosecutions of Foreign Corporations
title_full Law and Politics in FCPA Prosecutions of Foreign Corporations
title_fullStr Law and Politics in FCPA Prosecutions of Foreign Corporations
title_full_unstemmed Law and Politics in FCPA Prosecutions of Foreign Corporations
title_short Law and Politics in FCPA Prosecutions of Foreign Corporations
title_sort law and politics in fcpa prosecutions of foreign corporations
topic Anti-corruption
FCPA
OECD Anti-Bribery Convention
transnational corporations
cross-border law enforcement
url http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322021000200802&tlng=en
work_keys_str_mv AT elizabethacorn lawandpoliticsinfcpaprosecutionsofforeigncorporations