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International Law

Professor Foster Presents at International Law Symposium

March 04, 2016

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Professor George K. Foster presented as part of a panel on “Sleeper” Foreign Officials and Other Counter-Intuitive Theories of Liability under the Foreign Corrupt Practices Act at the 2016 Lewis & Clark International Law Symposium: Managing Corruption Risks in International Business. The symposium was held at the Law School on March 4, 2016.  Professor Foster’s co-presenters were Amy Deen Westbrook, Professor of Law, Washburn University School of Law; Kathleen McGovern, Senior Deputy Chief for Litigation, U.S. Department of Justice, Criminal Division, Fraud Section & Adjunct Professor of Law at Georgetown University School of Law; and Janet Hoffman, Janet Hoffman & Associates LLC.

Professor Foster explored theories liability under the FCPA that many would consider surprising or counter-intuitive. He considered in particular situations in which an individual may be treated as a “foreign official” for purposes of the FCPA despite not holding any official position in a foreign state apparatus, such as employees of state-owned businesses and indigenous or tribal leaders. He also outlined circumstances under which a company can be found liable under the FCPA’s accounting provisions in connection with transactions that do not themselves violate the statute. In each instance, he highlighted recent cases applying the relevant theories or identified categories of transactions to which they could be applied, and shared guidance for ensuring compliance.