Running head: LEARNING TEAM WEEKLY REFLECTION                             1




                        Learning Team Weekly Reflection

            Wilson Galarza, Glenda Jones, Krystal Parker, Denise Rogers

                                  LAW531 WK6

                                 January 24, 2013

                            Yolanda Nimmer-Williams
Running head: LEARNING TEAM WEEKLY REFLECTION                                                       2




                                Learning Team Weekly Reflection

       Team-A reflected on legal issues in international and domestic business and how it

relates to the Foreign Corrupt Practices Act (FCPA). According to Cheeseman (2010), the

Foreign Corrupt Practices Act is a federal law that was enacted in 1977 which prohibits

companies from paying bribes to foreign government officials and political figures for the

purpose of obtaining business. Issuers, domestic concerns, and foreign nationals and businesses

are the three types of entities prohibited from making improper payments. Below, Team-A

outlines the compliance issues faced in the articles as they associate with the Foreign Corrupt

Practices Act.

Foreign Corrupt Practices Act

       Globalization has changed the way companies conducts business by shifting policy and

procedure into place to accommodate its international clientele. The United States businesses and

corporations relay on the business brought in from its international customers to grow their

businesses. The United States has created laws that protect consumers and society from

malpractices and unlawful business practices. The Foreign Corrupt Practices Act (FCPA)

enacted in 1977 as a result of securities exchange commission known as (SEC). The Sec and the

department of justice launched several proactive investigations on several businesses outside and

within United States participating in bribing government officials, political parties, and other

business. The FCPA impacted companies and businesses within the United States and how they

develop new ideas and ways to conduct business. Many corporations were non-compliant to the

guidelines of the (FCPA), therefore these institutions faced criminal charges, fines, and other

civil penalties for their infractions. In addition, the SEC is accountable for civil matters, whereas
Running head: LEARNING TEAM WEEKLY REFLECTION                                                         3


the Department of Justice seeks only criminal matters. These two entities collaborate and work

as a team to catch violators. The actions of the securities exchange commission (SEC), and the

department of justice (DOJ), allows companies to developed new policy and programs to help

with (FCPA) violations. Corporations and companies in the United States are at a disadvantage

in competing with international companies who continuously bribe foreign officials. From 1960

to the present the United States and 33 countries from worldwide joined the Organization of

Economic Convention and Development. To help discourage briberies, corruption, and business

malpractices inside and outside the United States the Department of Justice and SEC enforce

(FCPA) laws and violations. Businesses must be attentive to internal and external business

activity daily, including overseas activities; therefore it is necessary for corporations and small

businesses to comply with (FCPA) regulations. The Department of Justice requires directors or

chief executive officer to review the compliance program and emphasizes to conduct business in

an honest way as well to comply with (FCPA) of the Unites States. Therefore, it is essential to

have certain programs and compliances in place to minimize risk or violation of laws.

Domestic business

       Team A, discussed from the article small U.S. businesses face bigger risks abroad. Team

A, learned that many family-owned small businesses were outsourcing from the United States

ran a higher risk of loss. The company losses will vary from liability lawsuits, theft of property,

fraud, and piracy. In addition, small businesses did not have the resources to be in compliance

with FCPA and lawsuits, therefore small businesses were forced to close or go bankrupt. As

small businesses and corporations in the United States begin to expand globally, small business

had a hard time competing with corporations causing a market of free enterprise refer to as

capitalism.
Running head: LEARNING TEAM WEEKLY REFLECTION                                              4


                                           References

Aguilar, M.(2011). Anticorruption Trends: What You Should Expect in 2011 Compliance Week,
8(87), 11-12.

Aguilar, M. (2010). FCPA Compliance: Latest, Best Practices for Boards. Compliance Week,
7(80), 53-59.

Cheeseman, H. R. (2010). Business Law. Legal Environment, Online Commerce, Business

       Ethics, and International Issues (7th ed.). : Pearson Education.


Internal Fraud Likely to Rise In Wake of Economic Crisis. (2009). Treasury & Risk, 10.

McDonald, C. (2008). Small U.S. Businesses Face Bigger Risks Abroad. National Underwriter /
P&C, 112(17), 10.

Organization economic convention development. (n.d.). Members and Partners.

       Retrieved from http://www.oecd.org/about/membersandpartners/

U.S Securities and Exchange Commission. (2012).Spothlight on Foreign Corrupt Practices Act.

       Retrieved from http://www.sec.gov/spotlight/fcpa.shtml

Law531 wk6 lt team a weekly reflection 2

  • 1.
    Running head: LEARNINGTEAM WEEKLY REFLECTION 1 Learning Team Weekly Reflection Wilson Galarza, Glenda Jones, Krystal Parker, Denise Rogers LAW531 WK6 January 24, 2013 Yolanda Nimmer-Williams
  • 2.
    Running head: LEARNINGTEAM WEEKLY REFLECTION 2 Learning Team Weekly Reflection Team-A reflected on legal issues in international and domestic business and how it relates to the Foreign Corrupt Practices Act (FCPA). According to Cheeseman (2010), the Foreign Corrupt Practices Act is a federal law that was enacted in 1977 which prohibits companies from paying bribes to foreign government officials and political figures for the purpose of obtaining business. Issuers, domestic concerns, and foreign nationals and businesses are the three types of entities prohibited from making improper payments. Below, Team-A outlines the compliance issues faced in the articles as they associate with the Foreign Corrupt Practices Act. Foreign Corrupt Practices Act Globalization has changed the way companies conducts business by shifting policy and procedure into place to accommodate its international clientele. The United States businesses and corporations relay on the business brought in from its international customers to grow their businesses. The United States has created laws that protect consumers and society from malpractices and unlawful business practices. The Foreign Corrupt Practices Act (FCPA) enacted in 1977 as a result of securities exchange commission known as (SEC). The Sec and the department of justice launched several proactive investigations on several businesses outside and within United States participating in bribing government officials, political parties, and other business. The FCPA impacted companies and businesses within the United States and how they develop new ideas and ways to conduct business. Many corporations were non-compliant to the guidelines of the (FCPA), therefore these institutions faced criminal charges, fines, and other civil penalties for their infractions. In addition, the SEC is accountable for civil matters, whereas
  • 3.
    Running head: LEARNINGTEAM WEEKLY REFLECTION 3 the Department of Justice seeks only criminal matters. These two entities collaborate and work as a team to catch violators. The actions of the securities exchange commission (SEC), and the department of justice (DOJ), allows companies to developed new policy and programs to help with (FCPA) violations. Corporations and companies in the United States are at a disadvantage in competing with international companies who continuously bribe foreign officials. From 1960 to the present the United States and 33 countries from worldwide joined the Organization of Economic Convention and Development. To help discourage briberies, corruption, and business malpractices inside and outside the United States the Department of Justice and SEC enforce (FCPA) laws and violations. Businesses must be attentive to internal and external business activity daily, including overseas activities; therefore it is necessary for corporations and small businesses to comply with (FCPA) regulations. The Department of Justice requires directors or chief executive officer to review the compliance program and emphasizes to conduct business in an honest way as well to comply with (FCPA) of the Unites States. Therefore, it is essential to have certain programs and compliances in place to minimize risk or violation of laws. Domestic business Team A, discussed from the article small U.S. businesses face bigger risks abroad. Team A, learned that many family-owned small businesses were outsourcing from the United States ran a higher risk of loss. The company losses will vary from liability lawsuits, theft of property, fraud, and piracy. In addition, small businesses did not have the resources to be in compliance with FCPA and lawsuits, therefore small businesses were forced to close or go bankrupt. As small businesses and corporations in the United States begin to expand globally, small business had a hard time competing with corporations causing a market of free enterprise refer to as capitalism.
  • 4.
    Running head: LEARNINGTEAM WEEKLY REFLECTION 4 References Aguilar, M.(2011). Anticorruption Trends: What You Should Expect in 2011 Compliance Week, 8(87), 11-12. Aguilar, M. (2010). FCPA Compliance: Latest, Best Practices for Boards. Compliance Week, 7(80), 53-59. Cheeseman, H. R. (2010). Business Law. Legal Environment, Online Commerce, Business Ethics, and International Issues (7th ed.). : Pearson Education. Internal Fraud Likely to Rise In Wake of Economic Crisis. (2009). Treasury & Risk, 10. McDonald, C. (2008). Small U.S. Businesses Face Bigger Risks Abroad. National Underwriter / P&C, 112(17), 10. Organization economic convention development. (n.d.). Members and Partners. Retrieved from http://www.oecd.org/about/membersandpartners/ U.S Securities and Exchange Commission. (2012).Spothlight on Foreign Corrupt Practices Act. Retrieved from http://www.sec.gov/spotlight/fcpa.shtml