Page 56 - U.S. FOREIGN CORRUPT PRACTICES ACT

A Resource Guide to the U.S. Foreign Corrupt Practices Act. Second Edition.

Chapter 4
Other Related
U.S. Laws

OTHER RELATED U.S. LAWS

Businesses and individuals should be aware that conduct that violates the FCPA’s anti-
bribery or accounting provisions may also violate other statutes or regulations. Moreover,

payments to foreign government officials and intermediaries may violate these laws even

if all of the elements of an FCPA violation are not present.

Travel Act violations of the Travel Act. 283 For instance, an
The Travel Act, 18 U.S.C. § 1952, prohibits travel individual investor was convicted of conspiracy to
in interstate or foreign commerce or using the mail violate the FCPA and the Travel Act in 2009 where
or any facility in interstate or foreign commerce, the relevant “unlawful activity” under the Travel Act

with the intent to distribute the proceeds of any was an FCPA violation involving a bribery scheme in
unlawful activity or to promote, manage, establish, Azerbaijan. 284 Also in 2009, a California company
or carry on any unlawful activity. 282 “Unlawful that engaged in both bribery of foreign officials in
activity” includes violations of not only the FCPA, but violation of the FCPA and commercial bribery in
also state commercial bribery laws. Thus, bribery violation of California state law pleaded guilty to

between private commercial enterprises may, in conspiracy to violate the FCPA and the Travel Act,
some circumstances, be covered by the Travel among other charges. 285
Act. Said differently, if a company pays kickbacks Money Laundering
to an employee of a private company who is not
Many FCPA cases also involve violations of
a foreign official, such private-to-private bribery
anti-money laundering statutes. 286 For example,
could possibly be charged under the Travel Act.
two Florida executives of a Miami-based
DOJ has previously charged both individual
telecommunications company were convicted of
and corporate defendants in FCPA cases with
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