Strengthening the Foreign Corrupt Practices Act through a Private Right of Action
By prohibiting corrupt payments in business transactions, the Foreign Corrupt Practices Act recognizes the need to curb corruption and aims to promote global transparency and to maintain fair markets. The FCPA was weakly enforced for much of its history, but recently enforcement by the Department of Justice and the Securities Exchange Committee has accelerated exponentially. Nonetheless, justice has been slow and unfair to those damaged by violations. This paper conveys the need for a private right of action (PRA), where plaintiffs would themselves seek compensation for FCPA related damages. Ultimately, the paper argues that an effectively established PRA would dramatically increase international global compliance, aligning global sentiments and efforts against corruption.
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