such as occurred with Opinion Release 08-02 That case involved special circumstances
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there may be liability for prior illegal conduct
due diligence helps an acquiring company
184 and FCPA violations are no exception. Whether
the successor company assumes the predecessor
the subsidiary’s president reported directly to the
and to ensure the safety of its employees
“a payment to an official to keep an oil
it could violate the FCPA’s books and records provision.
while the payment may qualify as an exception to the FCPA’s
non-discretionary governmental service that Company A is entitled to receive (i.e.
the payment to the clerk would qualify as a facilitating payment
and the agent makes it. After receiving the
the agent tells the vice president that he has run into a problem obtaining a necessary environmental
as the agent has experienced delays of three months
to build the road The agent informs Company A’s vice president for international
Company A will need to build a new road from its facility to the port that can
which the United States has done regularly. 166
as a large payment is more suggestive of corrupt
they will not give rise to prosecution if they