Question

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to get new business. A violation can have a criminal penalty that involves up to five years in prison. Assume that it turns out that Phil was an undercover FBI agent and that it was his idea that Dale violate the FCPA. Dale does do so. What would Dales best defense to criminal liability be?

A) Duress.B) Mistake.C) Entrapment.D) Dale would have none of these defenses.

Answer 1

In that particular case Dale would have none of these defenses because:

- He cannot allege duress because his life was not threatened in any situation, he has a safe way to escape and avoid the crime.

- He cannot allege mistake because even when Phil (undercover agent assigned) was thinking that he (Dale) was breaking the FCPA laws, the crime was not commited yet. Dale effectively commited a violation knowing the laws and consequences.

- He cannot allege entrapment because he was not pushed or encouraged by Phil (FBI undercover agent) to do the crime, Dale commited the violation without the influence of any law officer.

The correct option will be option "D".