7 FCPA Compliance Questions: No Cheating, Please
How sharp are your organization’s U.S. Foreign Corrupt Practices Act (FCPA) compliance skills? How about your own FCPA compliance chops? The following questions will give you an idea of where you stand:
1. What is “tea money”?
2. What is the significance of the $800 million FCPA fine Siemens incurred in 2008?
3. What is “grease”?
4. How much may the U.S. Department of Justice charge companies that violate the FCPA for an on-site monitor?
5. What is huilu?
6. True or false: Individuals who willfully violate provisions of the FCPA can face a maximum personal fine of $100,000 and a 5-year prison sentence.
7. True or false: The Dodd-Frank Wall Street Reform and Consumer Protection Act likely will lead to more FCPA enforcement activity.
If you’re certain that you answered all seven questions correctly, please move on to the next blog entry. Otherwise, please review the answers:
1. “Tea money” is a term for bribes used in Cambodia, according to this helpful list of global bribery jargon that Forbes posted last year.
2. The Siemens fine, imposed by U.S. regulatory authorities in 2008, represents the largest FCPA fine levied against a company in the U.S. The other nine largest FCPA U.S. fines were imposed between 2007 and 2010.
3. A common euphemism for bribery – along with along with “kickback,” “payola,” “sweetener,” “backhander,” “hush money,” and one coarser term (click the link above to marvel at how this one got past Forbes’s editors) – in the U.S.
4. $1 million per month, according to this informative FCPA e-book, which I will discuss in my next post this week.
5. A common term for bribery in China.
6. False: Individuals who violate the FCPA’s accounting provision can face fines of up to $5 million and prison sentences of up to 20 years.
7. True, although this truth qualifies as speculation. Here’s my argument: Dodd-Frank includes a provision, Section 922, that provides monetary awards to whistle-blowing employees. Given this incentive, the number of reported FCPA violations will increase in 2011 and 2012.
Dodd-Frank may be the focal point of current compliance news, but don’t forget FCPA. ###








