What are the elements of bribery under the Foreign Corrupt Practices Act (FCPA)?
The FCPA makes it a crime to (1) make a payment of, offer or promise to pay, or authorize a payment of money or anything of value, directly or indirectly; (2) to any foreign official, politician, party official, candidate for office, or to an intermediary who knows that the payment will go to any of the aforementioned people; (3) with a corrupt motive; (4) for the purpose of influencing one of these person’s official acts or decisions in violation of his or her lawful duty; (5) in order to assist in obtaining or retaining business.
