Understanding The Foreign Corrupt Practice Act, 1977 And Its Enforcement In The United States

What is the Foreign Corrupt Practices Act (FCPA)?

The Foreign Corrupt Practice Act, 1977 (FCPA) is an act which prohibits the individual and business entities to not to involve in bribery and corruption. This act is regulated resident of United States. Foreign Corrupt Practice Act, 1977 is enforced due to The Securities Exchange Commission and the Department of Justice (Lord, 2013), (Horder and Alldridge, 2013) and (Kochan and Goodyear, 2011).

Examples:

There are so many cases held in United States about bribery and corruption. Two of the famous cases were discussed below:

• This bribery case was happened in December 2016. This case is known as “Odebrecht and its petrochemical subsidiary, Braskem”. In this case Odebrecht was admitted that he is involved in the bribery and corruption in 12 nations. To uncover the truth of the case, Brazil’s authorities tried so hard to uncover the truth. They hacked the computer system which was encrypted to check the organisation payment system. Afterwards the police department in Curitiba, in the state of Parana, is always have been in news. Afterwards in June, 2015, Marcelo Odebrecht, convicted former chief was brought Curitiba. According to investigation report, Luis Inacio who is a former president were sent to jail for the corruption and bribery. There is a room with a secured entry mechanism opposite computer laboratory. The room was totally filled up with Internet, phones, etc. This room is highly secured and entry is restricted here. Somehow eight police officers entered in to the room and started investigation. They find data and realized that Marcelo Odebrecht is working and he is about to steal one of the company’s data. He is working since September to crack the computer system to steal data. This scandal involves amount $788 million approximately. This is the case who will leave everyone in shock. It is the biggest case in history (Pressely, 2018). 

• One of the other case is “British engineering giant Rolls-Royce”. In this case, the Rolls-Royce pays amount £671m to US authorities for the settlement of his corruption cases.The Serious Fraud Office (SFO) which is established in UK found that Rolls-Royce involved in corruption and bribery in many countries. These countries are Indonesia, Thailand, India, Russia, Nigeria, China and Malaysia. The organisation feels guilty for spanning the cases. They span the cases for the almost 25 years. After the investigation held, A UK court stated that the organisation will pay the amount the £497m plus costs to the Serious Fraud Office. Serious Fraud Office conducted the investigation regarding corruption and bribery of the organisation. Further Serious Fraud Office stated in their report that they corrupted seven countries as named mention above. In addition to Rolls-Royce would also pay to US Justice Department a sum $170m (£141m), and afterwards pays $26m (£21.5m) to Brazilian regulators. Further judge stated that judge Rolls-Royce makes engines. They make engine for military and civil planes, and for trains, ships, nuclear submarines and power stations as well. It is the biggest news of the history. This news is covered by almost every news channel. Almost 4.5% organisation share is higher on the news of the settlements. This news beat the profit of year 2016 of the organisation (BBC, 2017). 

The Forgery and Counterfeiting Act, 1981 is an act which prohibits natural or artificial people to make forged documents, contracts, audio and video. Person who makes any false instrument with the intention to defraud someone intentionally, will be liable under this act. This act also includes matter relating to money orders, share certificates, passports, etc. (Malton, 2009) and (Ramage, 2005).

Examples:

• Henry Jolleys, 52 who is former British Army Officer. He lives in Whalley, Lancashire. He admitted that he steal $220,000 from his joint account with his wife. Further he also admitted that he tries to remove his wife name called Jusith from their joint account. Mr. Jolley informed to court that he detached name of his wife from their joint account and from all the relevant documents as she did not want to utilize the amount. She nor utilizing it neither depositing their children’s fees. In addition to this he further said that he did not want to deceive anyone. He just want to deposit the school fees of his three sons. He further stated that his sons’ career is in the stake and he could not play with their career. Mr. Jolley further said that he did not want to deceive anyone deliberately. He also said that his family conditions was not good. He also stated that he is unable to express his family circumstances. He admitted that he sign the bank documents on the behalf of her wife without her knowledge. He send amount to his children’s school for his their school fee. He claimed £218,094.11 for his children education in between 2002 to 2009. The court further observed that he was continuing claiming for the education allowance since 2002 (BBC, 2013).
• One of the famous forgery case is about seven men. These persons forged identity documents. These documents include British passports. This gang is belonged from the Midlands and London. This gang also provide documents such as residency documents and degree certificate of university for cash. These people also created fake IDs. They help people by using fake ID’s to stay illegally in the United Kingdom. Afterwards they were caught when officers secretly proceed inspection about the forged documents. The whole gang were caught and they admitted all charges against them. All men acknowledged the charges against them. All the persons were sent to jail at Woolwich Crown Court. Police starts inspection and they find three passports for amount £800 each. This includes a British residency passport which permit for £600 and another one is for university degree certificate for amount £200. It is a Criminal activity and after investigation they all were sent to jail. It was a big scam in the history of London (BBC, 2018). 

When someone does not know anything about the intentions of another person who is doing something, is known as False Pretences. When person is unknown to the truth, all these actions covered under False Pretences. Generally false pretences is related to immovable property. When a person hides any material information related to immovable property to another person with the intention of deceiving him, it is known as False Pretences. False Pretences covered any false representation, intention to deceive someone, hides any material information knowingly, makes any false statement, etc. (Moore, 2012).

Examples:

• One of the famous cases of UK is about Mr. Finucane. This case is which about false pretenses. He was shot and found dead in his home. Loyalist paramilitaries shot him in his home in the year 1989. It was Tuesday and on this day Mrs. Finucane came out from a meeting. Her meeting was with David Cameron. Afterwards the lady Mrs. Finucane said that the family was disappointed via disgraceful government run via disgraceful man. She stated that the conference was a trial. In the conference she was embarrassed and insulted. After becoming prime minister, the Tony Blair decided to make an inquiry. Afterwards a fresh inquiry was never started. Though, the Finucane family were not supported to the enquiry which was held under this law. They were accountable to the minister instead of parliament. After proper enquiry it was discovered that John Steves is responsible for the murder. Mr. Cameron reviewed all documents related to the case with the help of senior. One day, the Northern Ireland Office said that the prime minister asked to the family to put down Street yesterday. Afterwards they apologies to that person. Later on the secretary of state set out on the statement which they gave on Wednesday on government’s position. Sir Desmond is globally respected. It is strongly believed that this will be the fastest and most operative mode to highlight the truth. A former inquiry started by John Steves was helpful in finding that there had been complicity in Mr. Finucane’s death. (BBC, 2011). 

• One of the false pretenses is about a director of a company who utilize clients’ money. He buy a Formula 1 car by paying off his debts. His name is Richard Arthur, 56. He lives in St Martin in Jersey.  He committed fraudulent activity. Later on court investigate that Richard Arthur took amount exceeding £2 million from his client. He took money from them at accountancy firm BDO. He took money from them under false pretenses. Under this case he produced fraudulent statements to hide the scam. After this clsaim another nine claim were highlighted against him. After the proper investigation it is found that Richard Arthur found guilty for 10 counts of fraudulent activity and fraud. After proper hearing court order that he would sent to jail for seven years (BBC, 2018). 

b) According to article 7 of the Criminal Procedures law, exclusive jurisdiction to start the criminal proceedings is with public prosecution. Public prosecution has right to track the proceedings until final judgment passed by court. Prosecutor also follow up with the international convention and foreign police. According to article 10, there are some cases where oral or written allegation is necessary to be filled by victim or any of his legal heir. If in case accused person caught red handed, complaint can be filled to any police officer after visiting the crime scene. If the victim is less than 15 years old or mentally unstable, in this case complaint can be filled by their legal heir. When proceedings is going on, only public prosecutor will act on the behalf of victim and his representative. A criminal proceeding is lapse if victim withdraws his complaint. But if victim dies, right of withdrawal will be passed to his legal heir. Criminal proceedings comes to an end if accused is died in between the proceedings. Judicial officers have right to inspect the crime scene. Other persons such as immigration officers, border police, etc. also have right to investigate and can collect evidences. Criminal proceedings will proceed according to The Federal Law No. 35, 1992. It consists all the rules and regulations which were needed for the criminal proceedings. People will feel secured due to police and they also investigate and arrest suspects according to specified rules and regulations. In UAE criminal action will initiate after filling complaint. Public prosecutor can ask question to accused within 24 hours of arresting. The trial starts with the parties and charge against accused will be declaimed. Later on both prosecutor and the victim will present the case. UAE Judicial System respects dignity of human and stated some rights to accused person. These includes: 

• No penalty will be imposed until his guilt proved.
• No one will arrest anyone until any incident happened which stated in law.
• Imprisonment will be charged according to rule stated in law.
• An opportunity of being heard will be given to accused.
• Accused will be liable for the compensation if he suffered from any harmful activity by victim.
• If there is no lawyer for accused, court will appoint a lawyer for accused (Fisher and Srewart, 2015).

A judicial officer can search the accused. Officer can arrest the accused according to the provisions of the law. If accused is a female, then a female officer should present while arresting the accused. After the investigation held by judicial officer, all the evidences and relevant documents will be submitted to court. After examining all the documents and circumstances, court will announced his final judgment (Cassese, Acquaviva, Fan and Whiting, 2011) and (Gentle, Hodges and Napley, 2018). 

References

BBC. (2011) Finucane family ‘lured to Downing Street under false pretences’. [Online] Available from: https://www.bbc.com/news/uk-northern-ireland-15303600 [Accessed 1/24/2019]. 

BBC. (2013) Army officer in fraud case forged wife’s signature. [Online] Available from: https://www.bbc.com/news/uk-england-21133246 [Accessed 1/24/2019].

BBC. (2017) Rolls-Royce apologises after £671m bribery settlement. [Online] Available from: https://www.bbc.com/news/business-38644114 [Accessed 1/24/2019].

BBC. (2018) Director who used client funds for F1 car is jailed. [Online] Available from: https://www.bbc.com/news/world-europe-jersey-44687134 [Accessed 1/25/2019].

BBC. (2018) Gang Jailed for forging British immigration documents. [Online] Available from: https://www.bbc.com/news/uk-england-coventry-warwickshire-42838652 [Accessed 1/24/2019].

Cassese, A., Acquaviva, G., Fan, M. and Whiting, A. (2011) International Criminal Law: Cases and Commentary. New York: Oxford.  

Fisher, K. and Srewart, R. (2015) Transitional Justice and the Arab Spring. London: Routledge.

Gentle, S., Hodges, L. and Napley, K. (2018) Kingsley Napley, Serious Fraud: Investigation & Trial. New York: LexisNexis.

Horder, J. and Alldridge, P. (2013) Modern Bribery Law: Comparative Perspective. New York: Cambridge.

Kochan, N. and Goodyear, R. (2011) Corruption: The New Corporate Challenge.  United Kingdom: Palgrave Macmillian.

Lord, N. (2013) Regulating Corporate Bribery in International Business: Anti-corruption in Uk and Germany.  United Kingdom: Routledge.

Malton, S. (2009) Forgery in Nineteenth-Century Literature and Culture: Fictions of Finance from Dickens to Wilde. United States: Palgrave Macmillian.

Moore, H. (2012) False Pretences. United Kingdom: Olympia Publisher.

Pressely, L. (2018) The largest foreign bribery case in history. [Online] Available from: https://www.bbc.com/news/business-43825294 [Accessed 1/24/2019].

Ramage, S. (2005) Serious Fraud and Current Issues. New York: iUniverse, Inc.