The Foreign Corrupt Practices Act: What Every U.S. Businessperson Must Know
Martin is a customs and international trade lawyer admitted to practice in New Jersey, New York, and Pennsylvania, and before the U.S. District Court for the District of New Jersey and the U.S. Court of International Trade. Martin received a Bachelor of Arts degree from Rutgers University - Newark, Phi Beta Kappa, with high honors; a Master of Public Administration degree from Fairleigh Dickinson University; and a law degree from Rutgers School of Law - Newark. Martin is a distinguished graduate of both the U.S. Law Enforcement Training Center and the U.S. Customs Service Academy. He is also a licensed U.S. Customs Broker (No. 20643), one who worked in the industry for several years.
Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land (Champlain-Rouses Point, NY), air (JFK International Airport and Newark Liberty) and sea (Newark) ports of entry. While with U.S. Customs at the Port of New York/Newark, he was also a member of the agency's export control branch.
Martin is also a former special agent with the U.S. Department of Defense, an assistant prosecutor with the Office of Hudson County (NJ) Prosecutor, and an executive with a global FMC-licensed Ocean Transportation Intermediary. Martin was also a trade consultant with Unz & Co.
Presently, Martin is an instructor with City University of New York's Baruch College Continuing and Professional Studies (CAPS), where he teaches import, export, and other international trade courses. In 2013, Martin received the Outstanding Instructor of the Year Award from Baruch CAPS. Martin has also taught international trade courses at Fashion Institute of Technology and Pace University in New York City. Martin is also of counsel to GRVR Attorneys (www.exportimportlaw.com), which specializes in customs and international trade matters.
A frequent lecturer before different trade associations around the country, Martin also provides corporate training and seminars concerning customs and international trade issues. For additional information, please go to www.behrlaw.com.
U.S. businesses and citizens are subject to the Foreign Corrupt Practices Act (FCPA). The FCPA makes it unlawful for any U.S. citizen or firm (or any person who acts on behalf of a U.S. citizen or firm) to use a means of U.S. interstate commerce to offer, pay, transfer, or authorize a payment, transfer, or promise of money or anything of value to any foreign appointed or elected official, foreign political candidate, or candidate for a foreign political office for a corrupt purpose. In addition, the FCPA also contains provisions applicable to the U.S. publicly held companies concerning financial recordkeeping and internal accounting controls.
- General provisions
- Legal payments
- Enforcing agencies
- Criminal penalties
- Civil penalties
- Administrative penalties
- U.S. Department of Justice Opinion Procedure
- Dilemmas Posed by the FCPA
Course Level - Basic/Fundamental
Who Should Attend
CEOs, CFOs, Human Resource directors, import company directors and managers, export company directors and managers, business owners
Why Should Attend
There has been a substantial increase in the number of new cases.
- There has been a substantial increase in the number of fines
- There is an increased focus on prosecuting individuals
- Parent companies can be held liable even if they have no knowledge of the corrupt actions of its subsidiary
- Companies can be held liable for actions of third parties acting on their behalf (e.g., freight forwarders, distributors, resellers, agents, etc.)
- Despite increased focus and enforcement, opportunities for corruption remain widespread
- Find out the many ways you can run afoul of the FCPA without even realizing it