As mentioned in our post regarding FCPA defenses, meals, gifts, and entertainment must be (1) directly related to a legitimate business purpose and (2) reasonable in value. Consider the, A lengthy discussion of successor liability that includes two hypotheticals – one in which the acquired company was not previously subject to the FCPA, one in which it was – as well as practical tips to reduce the risk of FCPA violations in the merger and acquisitions context., For an act to violate the FCPA, three elements must be present: (1) A payment or something of value is offered, promised, or given (2) to a foreign official (3) for a corrupt purpose., In addition to Quid Pro Quo, the FCPA also prohibits corrupt payments to: – any person, while knowing that all or a portion of such money or thing of value will be offered to foreign official directly or indirectly “Knowing” includes having a firm belief that something will happen, The FCPA prohibits the offer, promise, authorization and/or payment of money or other items of value for a corrupt purpose: attempting to influence the acts or decision making of foreign government officials either directly or indirectly to secure an improper advantage., The compliance and enforcement risks for these companies include not only the FCPA, but also sanctions-related statutes like the Trading With the Enemy Act and the International Emergency Economic Powers Act, and under terrorism-related statutes..