There is a double standard in U.S. bribery law.
Over the last decade, the Supreme Court has narrowly interpreted domestic bribery laws.
This weakened application of the federal domestic bribery law now stands in stark contrast to the robust and expansive prosecutions of bribery under the Foreign Corrupt Practices Act (FCPA), which seeks to limit U.S. entities’ ability to bribe foreign public officials.
The result is that those who seek to improperly influence domestic public officials are often able to engage in behavior that looks and smells like bribery, but is not bribery. Similar behavior in the foreign context, however, is punished by the FCPA.
That’s the take of Stanford Law School’s Anna Mance and Dinsha Mistree in a new law review article titled – The Bribery Double Standard: Leveraging the Foreign-Domestic Divide.
— source corporatecrimereporter.com | Jul 14, 2021