Author Summary: The government's categorical refusal to recognize an economic extortion defense to liability under the Foreign Corrupt Practices Act (FCPA) lacks legal support and is unsound policy, particularly after the passage of the Foreign Extortion Prevention Act (FEPA) and the rise of foreign autocracies. Businesses faced with threats of serious economic harm abroad should develop a record supporting extortion claims. The federal government should recognize those claims to avoid punishing victims of illegal foreign corruption. It can do so without diminishing the FPCA’s ability to combat foreign corruption’s harms.
October 07, 2024 at 01:00 PM
10 minute read
The federal government categorically refuses to recognize an economic extortion defense to liability under the Foreign Corrupt Practices Act (FCPA), even while it recognizes an FCPA defense based on physical extortion. The distinction is unsupported by law and policy and must change, particularly in view of the recent passage of the Foreign Extortion Prevention Act (FEPA) and the growing power of autocrats to destroy U.S. businesses through economic as well as physical extortion.
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