Contact Nashville Whistleblower Attorney Timothy L. Milles Today if You Are Thinking of Blowing the Whistle
INTRODUCTION TO THE FOREIGN CORRUPT PLACTICES ACT If you have evidence of fraud against the government and are considering blowing the whistle, contact Nashville whistleblower attorney Timothy L. Miles
The Foreign Corrupt Practices Act of 1977 (FCPA) is a United States federal law that prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests. It was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. Since 1977, the anti-bribery provisions of the FCPA have applied to all U.S. persons and certain foreign issuers of securities. With the enactment of certain amendments in 1998, the anti-bribery provisions of the FCPA now also apply to foreign firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United States.
Read on for answers to seven frequently asked questions about the FCPA from employees and consumers. If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections. The consultation is free and confidential. (855) 846–6529 or [email protected]. Ask a Nashville Whistleblower attorney, you could be entitled to a significant whistleblower award. what is the fcpa?
The FCPA stands as the leading global law against corruption across borders. It encompasses two essential components:
when did the fcpa become law?
The FCPA was established by the U.S. Congress in 1977 following major corruption revelations after the Watergate scandal. In 1988, the FCPA saw revisions to clarify issues regarding local law defenses and legitimate payments. Further amendments came in 1998, broadening its reach and aligning it with the Anti-Bribery Convention's standards.
Since 2010, whistleblower protections have been incorporated into the FCPA. Who does it apply to?
The FCPA has an extensive global reach, applying to issuers, their subsidiaries and employees, as well as foreign entities and their agents.
WHAT ARE PROHIBITED BRIBES UNDER THE FCPA>
The FCPA prohibits the payment of bribes to gain a business advantage. The U.S. Department of Justice and the U.S. Securities and Exchange Commission's Resource Guide lists the following actions as examples of when corporations are often induced to pay bribes to foreign officials:
1. "winning a contract" 2. "influencing the procurement process" 3. violating "rules for importation of products" 4. "gaining access to non-public tender information" 5. "obtaining exceptions to regulations" 6. "avoiding contract termination" The FCPA also prohibits "indirect bribes" or bribes made to any person who knows a portion of a payment will be used, directly or indirectly, to bribe foreign officials. Therefore, persons or companies that aid or abet in a bribery scheme are guilty under the FCPA to the same degree as those who pay the bribe. WHAT TYPe OF PAYMENTS ARE CONSIDEReD BRIBES?
The anti-bribery clauses of the FCPA forbid the provision of payments or valuable items to foreign governmental officials with the intent to sway any act or decision to aid in securing or maintaining business. The phrase “anything of value” encompasses things like money, computer hardware, luxury clothing, medical equipment, automobiles, and so forth. Minor gifts or payments of minimal value, such as covering the cost of a taxi ride, are not likely to be considered actionable. Nonetheless, the more lavish the gift, the higher the probability it is intended to bribe a foreign official.
WHO ENFORCES THE FCPA?
The U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) are both enforcers of the FCPA and generally work in cooperation together.
Do whistleblowers have protections under the FCPA?
Indeed, the Sarbanes-Oxley Act and the Dodd-Frank Act offer protections for whistleblowers against retaliation from their employers. If a whistleblower experiences retaliatory actions, they have the right to report such violations and may qualify for reinstatement, back pay, and additional compensation.
IF YOU ARE THINKING OF BLOWING THE WHISTLE, CONTACT NASHVILLE WHISTLEBLOWER ATTORNEY TIMOTHY L. MILES TODAY
If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections. The consultation is free and confidential. (855) 846–6529 or email: [email protected]. Ask a Whistleblower attorney in Nashville, you could be entitled to a significant whistleblower award.
Call today and see what a whistleblower attorney in Nashville can do for you.
NASHVILLE WHISTLEBLOWER ATTORNEY
TIMOTHY L. MILES, ESQ. The Law Offices of Timothy L. Miles Tapestry at Brentwood Town Center 300 Centerview Dr., #247 Brentwood, TN 37027 Phone: (855) 846–6529 Email: [email protected] NASHVILLE WHISTLEBLOWER ATTORNEY TIMOTHY L. MILES Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors, shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,Class Action: Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more. Please visit our website or call for free anytime. Comments are closed.
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