reasonable and bona fide

By: Thad McBride and Cheryl Palmeri

While the FCPA world – and this blog – has been abuzz thanks to the new FCPA Guide, on a relatively mundane note, the U.S. Department of Justice (DOJ) also recently issued two Opinion Procedure Releases (OPRs) with respect to whether the DOJ would take enforcement action against particular conduct.  The OPRs, the only two the DOJ has released thus far this year, contemplated two distinct issues under the FCPA: (i) the definition of “foreign official,”[1] and (ii) the application of the “reasonable and bona fide expenditure[s]” affirmative defense.[2]  Although both OPRs concluded by saying the DOJ would not take enforcement action under the facts presented, each OPR is only as good as those precise facts; in other words, U.S. companies may find it difficult to apply these releases to their own compliance issues.
Continue Reading Smaller FCPA Story But We’re Sure You’re Following It: DOJ Issues New Opinion Procedure Releases