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42 Ne. J. Legal Stud. 1 (2022)

handle is hein.journals/neastjol42 and id is 1 raw text is: 2022 / Global Corruption / 1

GLOBAL CORRUPTION AND THE COURTS:
ENDING THE FCPA FREE-RIDING
by
John Paul*
INTRODUCTION
After dealing with extensive political corruption, the
United States (U.S.) in 1977 sought to regain its tarnished
international reputation by passing the Foreign Corrupt Practices
Act (FCPA), which criminalized the business bribes of foreign
officials.1 However, the initial FCPA only prosecuted U.S.
corporations and individuals and ignored foreign corporations
and individuals, which resulted in a competitive disadvantage
for U.S. entities operating in the international markets.2 This led
to Congress amending the FCPA in 1998 to extend the FCPA's
jurisdiction to foreign corporations and individuals.3 Under the
amended FCPA, U.S. agencies were statutorily authorized to
enforce the FCPA against entities and individuals who weren't
U.S. citizens.4
The amended FCPA led to an increase in the prosecution
of both domestic and foreign entities and individuals over the
last decade.5 As a result of the amended FCPA, the U.S. has been
vulnerable to criticism from the global community.' The
problem with the FCPA is the broad language that permits U.S.
government agencies to bring charges against entities and
* Associate Professor, Graduate Deputy Chair & Program
Director of Accounting, Legal Studies & Taxation, Koppelman
School of Business at Brooklyn College of the City University
of New York