Question

Are the actions undertaken by the companies or individuals in the following scenarios legal or illegal pursuant to U.S. law? Please explain each of your answers.

a. A wire transfer of $200,000 to the Minister of Contracting of Gambia made by Bordeaux Builders, Inc., a French corporation, and originating from its corporate headquarters in New York in order to secure a construction contract.
b. A birthday card and bottle of California wine sent annually by Woody Pulp, the chief executive officer of Pacific Paper Products, Inc., a U.S. corporation, to his long-standing friend who is the Director of Government Procurement for the Japanese government.
c. A cash payment of $100 made by an agent of Chicago Chemicals Company, a U.S. corporation, to a processing clerk in the Chilean Office of Business Licensing in order to expedite consideration of CCC's application for authority to conduct business operations in Chile.

Answer 1

a. A wire transfer of $200,000 to the Minister of Contracting of Gambia made by Bordeaux Builders, Inc., a French corporation, and originating from its corporate headquarters in New York in order to secure a construction contract.

• ILLEGAL: the Foreign Corrupt Practices Act prohibits bribing officials of foreign countries in exchange for monetary benefits for a US company.

b. A birthday card and bottle of California wine sent annually by Woody Pulp, the chief executive officer of Pacific Paper Products, Inc., a U.S. corporation, to his long-standing friend who is the Director of Government Procurement for the Japanese government.

• NOT ILLEGAL: this is just a gift and its value is not significant and will not result in a financial advantage for the company.

c. A cash payment of $100 made by an agent of Chicago Chemicals Company, a U.S. corporation, to a processing clerk in the Chilean Office of Business Licensing in order to expedite consideration of CCC's application for authority to conduct business operations in Chile.

• NOT ILLEGAL: this is considered grease money paid and the person that received it is not someone with power.