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The Foreign Corrupt Practices Act (FCPA) is one of the most significant U.S. federal laws governing corporate conduct abroad. It prohibits companies and individuals from bribing foreign officials to obtain or retain business and requires accurate financial record-keeping. Because enforcement is aggressive and penalties can be severe, individuals and corporations often rely on experienced legal counsel when facing allegations. This FCPA lawyer defence guide explains key strategies and considerations used in defending FCPA cases.
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A strong defence begins with understanding the government’s theory of the case. Prosecutors must prove intent, which is often one of the most contested elements. Many defence strategies focus on showing that payments were legitimate business expenses, lacked corrupt intent, or were made without knowledge of any improper use.
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