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Cost of Corruption: Now the Short-Sellers Are Here

Tom Fox | October 16, 2015

I have written about the business responses to anti-corruption laws such as the Foreign Corrupt Practices Act, and anti-corruption enforcements actions such as we currently see in the ongoing FIFA indictment and investigation. I believe that the more business responses we see to these legal issues, the more wide-ranging anti-corruption compliance will be because it will become a part of the business fabric for parties and there counter-parties.

Yet other business responses can drive anti-corruption compliance as well. Obviously a lawsuit for unfair competition is one mechanism, if a competitor can prove it lost a business opportunity due to the illegal bribery and corruption of a contract winner. While any settlement for FCPA or U.K. Bribery Act violations would most probably lay out the operative facts of the illegal conduct, due to the length of most investigations the applicable two- or four-year statute of limitations for bringing such a civil claim would probably run...

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