Monday, June 25, 2007

Corporate Executive Faces FCPA Charges

A press release of the U.S. Attorney's Office of the Central District of California tells of "a former executive of Santa Ana, California - based Pacific Consolidated Industries" being "arrested for allegedly violating the Foreign Corrupt Practices Act (FCPA) as part of a conspiracy to bribe a United Kingdom Ministry of Defence official in order to obtain lucrative contracts with the U.K. Royal Air Force."  The allegations are that this executive "conspired to make over $300,000 in bribe payments for the benefit of the U.K. Ministry of Defence official in order to obtain equipment contracts for Pacific Consolidated Industries valued at over $11 million dollars."  In addition to the FCPA charges, the indictment included both "money laundering and tax offenses." The Foreign Corrupt Practices Act allows for the use of the general conspiracy statute (18 U.S.C. s 371) against the U.S. actor, as all individuals do not have to be charged for a conspiracy to exist.  But the case of United States v. Castle, 925 F.2d 831 (5th Cir. 1991) rejected charges being brought against the foreign officials who might have accepted the bribes.

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