The Foreign Corrupt Practices Act was signed into law in 1977 to combat American businesses bribing foreign governments and businesses. An individual cannot bribe people to give them their business. Unfortunately, this is how business is done in some parts of the world. This can make it difficult for American companies to compete. Someone convicted of Michigan FCPA violations is facing heavy fines and possible imprisonment, along with losing their job. This is why it is essential for anyone accused of violating the FCPA to seek the services of an accomplished defense lawyer as soon as possible.
Conspiracy ChargesA person who has committed FCPA violations in Michigan could also be charged with conspiracy. Conspiracy requires illegal actions by two or more people. An individual alone cannot be charged with conspiracy. Concerning FCPA violations, law enforcement could arrest the person offering the bribe and the person accepting the bribe.
Under InvestigationIf someone is under investigation for violating the FCPA, they should refuse to talk without having a lawyer present. The individual should not answer any questions or talk to their company's attorney until they have obtained legal counsel.
It is crucial for the person to not say anything that they are going to wish they had not said six months from now. Even if law enforcement or their company is saying they are trying to help the situation, do not speak to them without an attorney. It is important for someone to exercise their Fifth Amendment right when they are facing criminal charges. The reason behind this is to help someone refrain from self-incrimination.
Where Most FCPA Violations OccurMost Michigan FCPA violations happen in developing countries. This includes many African and South American nations because these countries are starting to have the resources for businesses to make money. This could be due to oil deposits or other natural resources.
These nations are wanting to increase the public force, roads, dams, and buildings in their country, which is why they are looking to Western nations to help them build these.
How an Attorney Can HelpIf you are an individual in your corporation and the corporation is now being charged, the corporation's interests and your interests are not the same. The company may say they are looking out for you, but they are actually keeping their best interests first.
If you are have been charged with any Michigan FCPA violations, you need a lawyer whose only responsibility is you. Your defense attorney is not going to care about the company, they are going to care about what is best for you. The lawyer is going to try and negotiate the best deal for you, which may not be the best deal for the company.
The company may pay a fine but the company never goes to jail. However, you could face imprisonment, so you have to decide what is in your best interests. Call a dedicated attorney today to schedule a consultation to see what the best options for you may be.