Comments on: foreign corrupt practices act being enforced in the US http://www.chinalawandbusiness.com/2008/05/19/foreign-corrupt-practices-act-being-enforced-in-the-us/ A China law blog covering issues in Chinese law, business, and society Wed, 07 Jan 2009 05:10:30 +0000 http://wordpress.org/?v=2.3.2 By: T Chow http://www.chinalawandbusiness.com/2008/05/19/foreign-corrupt-practices-act-being-enforced-in-the-us/#comment-510 T Chow Tue, 20 May 2008 18:35:12 +0000 http://www.chinalawandbusiness.com/2008/05/19/foreign-corrupt-practices-act-being-enforced-in-the-us/#comment-510 Perhaps he has, perhaps he hasn't. That is Dan's business. But what is my business is to warn people that a $100 bill can end up leading folks to do some nice U.S. jail time. That's what the FCPA is about. And so is this a preachy tone in that sense? Sure. If being a preacher means that I am warning people of consequences, then absolutely. My job as a lawyer is to warn. Even if Dan said nothing, I would have the same view and the same message because that is my job. If you disregard that advice, fine, there is nothing I can do really do about it. But I am not going to the reckless attorney who tells clients, "it's fine, bribe all you want". If you want that sort of attorney, there are plenty of those. I just happen to think those attorneys ought to lose their bar cards for moral turpitude. Perhaps he has, perhaps he hasn’t. That is Dan’s business.

But what is my business is to warn people that a $100 bill can end up leading folks to do some nice U.S. jail time. That’s what the FCPA is about.

And so is this a preachy tone in that sense? Sure. If being a preacher means that I am warning people of consequences, then absolutely. My job as a lawyer is to warn. Even if Dan said nothing, I would have the same view and the same message because that is my job. If you disregard that advice, fine, there is nothing I can do really do about it. But I am not going to the reckless attorney who tells clients, “it’s fine, bribe all you want”. If you want that sort of attorney, there are plenty of those. I just happen to think those attorneys ought to lose their bar cards for moral turpitude.

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