The Foreign Corrupt Practices Act (FCPA) is a U.S. law that prohibits bribery. If you'd like to learn more about how to report FCPA violations, feel free to check out our previous posts on reporting FCPA violations here and here. In this post, we will look at some common mistakes people make when reporting FCPA violations, which are:
- Reporting Internally Before Seeking Legal Advice
- Using the SEC Form TCR Without Guidance
- Not Alleging All Elements of a Violation
- Failing to Specify the Location of Evidence
- Including 'Informed Speculation' In Their Report
When a person witnesses an FCPA violation, their first instinct may be to report it to their employer. This is an understandable reaction, as many companies specifically instruct their employees to report internally before speaking to anyone else when it comes to FCPA violations. While this is a good policy for the company, it is not always a good policy for the person reporting, often called a whistleblower.
Reporting internally can expose you to harassment, intimidation and retaliation. Even if your company advertises an 'anonymous' hotline for reporting compliance violations, often people involved in the violation will go to great lengths to identify whistleblowers so that they can discredit the whistleblower, rather than the allegations.
Reporting internally will not afford you the same legal protections against retaliation that you could be entitled to if you reported to the Securities and Exchange Commission (SEC) or...
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