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Foreign Corrupt Practices Act
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Foreign Corrupt Practices Act
Other short titles
Domestic and Foreign Investment Improved Disclosure Act
Securities Exchange Act of 1934 Amendment
Unlawful Corporate Payments Act
Long title
An Act to amend the Securities Exchange Act of 1934 to make it unlawful for an issuer of securities registered pursuant to section 12 of such Act or an issuer required to file reports pursuant to section 15(d) of such Act to make certain payments to foreign officials and other foreign persons, to require such issuers to maintain accurate records, and for other purposes.
Acronyms (colloquial)
FCPA
Nicknames
Foreign Corrupt Practices Act of 1977
Enacted by
the 95th United States Congress
Effective
December 19, 1977
Citations
Public law
95-213
Statutes at Large
91 Stat. 1494
Codification
Titles amended
15 U.S.C.: Commerce and Trade
U.S.C. sections amended
15 U.S.C. ch. 2b § 78a et seq.
Legislative history
Introduced in the Senate as S. 305 by William Proxmire (D-WI) on January 18, 1977
Committee consideration by Senate Banking, House Commerce
Passed the Senate on May 5, 1977 (passed)
Passed the House on November 1, 1977 (passed, in lieu of H.R. 3815)
Reported by the joint conference committee on December 6, 1977; agreed to by the Senate on December 6, 1977 (agreed) and by the House on December 7, 1977 (349-0)
Signed into law by President Jimmy Carter on December 19, 1977
The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) is a United States federal law known primarily for two of its main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.[1] The act was amended in 1988 and in 1998. As of 2012[update] there were continued congressional concerns.[2] An ongoing debate asks whether FCPA enforcement discourages US companies from investing abroad.[3]
Contents
[hide]
1 Provisions and scope
1.1 Persons subject to the FCPA
2 History
3 Enforcement
4 Requirements
4.1 Anti-bribery/anti-corruption (ABAC) solutions
5 Application
5.1 Charges
6 See also
7 References
8 External links
Provisions and scope[edit]
The idea of Foreign Corrupt Practices Act (FCPA) is to make it illegal for companies and their supervisors to influence foreign officials with any personal payments or rewards.[4][page needed] The FCPA applies to any person who has a certain degree of connection to the United States and engages in foreign corrupt practices. The Act also applies to any act by U.S. businesses, foreign corporations trading securities in the U.S., American nationals, citizens, and residents acting in furtherance of a foreign corrupt practice whether or not they are physically present in the U.S. This is considered the nationality principle of the act. Any individuals that are involved in those activities may face prison time.[4][page needed] This act was passed to make it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.[5][full citation needed][4] In the case of foreign natural and legal persons, the Act covers their deeds if they are in the U.S. at the time of the corrupt conduct. This is considered the protective principle of the act.[4] Further, the Act governs not only payments to foreign officials, candidates, and parties, but any other recipient if part of the bribe is ultimately attributable to a foreign official, candidate, or party. These payments are not restricted to monetary forms and may include anything of value.[6] This is considered the territoriality principle of the act.[4]
An ongoing debate asks about the law's effects. Scholars have found that the FCPA enforcement discourages US firms from investing in foreign markets.[3] This finding is not surprising given the well-known fact that companies engaging in mergers and acquisitions in emerging markets face a uniquely increased level of regulatory and corruption risk.[7]
Persons subject to the FCPA[edit]
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (February 2015) (Learn how and when to remove this template message)
Issuers[clarification needed]
Includes any U.S. or foreign corporation that has a class of securities registered, or that is required to file reports under the Securities and Exchange Act of 1934
Domestic concerns
Refers to any individual who is a citizen, national, or resident of the United States and any corporation and other business entity organized under the laws of the United States or of any individual US State, or having its principal place of business in the United States
Any person
Covers both enterprises and individuals
History[edit]
As a result of U.S. Securities and Exchange Commission investigations in the mid-1970s, over 400 U.S. companies admitted making questionable or illegal payments in excess of $300 million to foreign government officials, politicians, and political parties.[8] The abuses ran the gamut from bribery of high foreign officials to secure some type of favorable action by a foreign government to so-called facilitating payments that were made to ensure that government functionaries discharged certain ministerial or clerical duties.[8] If the official has no choice but to bribe, and bribery is legal in the country, bribing is seen as greasing the wheels. One major example was the Lockheed bribery scandals, in which officials of aerospace company Lockheed paid foreign officials to favor their company's products.[9]:10 Another was the Bananagate scandal in which Chiquita Brands had bribed the President of Honduras to lower taxes.[citation needed] Congress enacted the FCPA to bring a halt to the bribery of foreign officials and to restore public confidence in the integrity of the American business system.
The Act was signed into law by President Jimmy Carter on December 19, 1977. The first criminal enforcement action under the Act was against Finbar Kenny.[10] Kenny had advanced Sir Albert Henry, Prime Minister of the Cook Islands, $337,000 from postage stamp revenue for Henry's re-election campaign.[11] In 1979, Kenny became the first American to plead guilty of violating the FCPA, and was fined $50,000.[11]
The Act was first amended by the Omnibus Trade and Competitiveness Act of 1988, where Title V is known as the 'Foreign Corrupt Practices Act Amendments of 1988'. It introduced a "knowing" standard in order to find violations of the Act, encompassing "conscious disregard" and "willful blindness." Other amendments were for "bona fide", "reasonable" and lawful gifts under the laws of the foreign country.[12]
The second amendment was the International Anti-Bribery Act of 1998 which was designed to implement the OECD Anti-Bribery Convention—i.e., to include certain foreign persons and extending the scope beyond U.S. borders.
The FCPA dominated international anti-corruption enforcement from its introduction until around 2010 when other countries began introducing broader and more robust legislation, notably the United Kingdom Bribery Act 2010.[13][14] The International Organization for Standardization introduced an international anti-bribery management system standard in 2016.[15] In recent years, cooperation in enforcement action between countries has increased.[16]
Enforcement[edit]
The Securities and Exchange Commission (SEC) and the Department of Justice are both responsible for enforcing the FCPA. This is because the FCPA both amends an SEC Act and the criminal code. The SEC enforces the Act for companies it regulates and the Department of Justice enforces the bill regarding all other domestic companies. This split was criticized even before the act was passed.[8]:10–11 In 2010 the SEC created a specialized unit for FCPA enforcement.[17] In 2012, the SEC and the DOJ issued their first joint guide to the FCPA.[18]
In April 2017, Attorney General Jeff Sessions traveled to an ethics lawyers conference to assure them that he would continue prosecutions under the FCPA, regardless of new SEC Chairman Jay Clayton's expressed skepticism and of President Donald Trump's comments that it is a "horrible law" and "the world is laughing at us".[19][20]
Requirements[edit]
The anti-bribery provisions of the FCPA make it unlawful for a U.S. person, and certain foreign issuers of securities, to make a payment to a foreign official for the purpose of obtaining or retaining business for or with, or directing business to, any person. Since the 1998 Amendment of FCPA they also apply to foreign firms and persons who take any act in furtherance of such a corrupt payment while in the U.S. The meaning of foreign official is broad. For example, an owner of a bank who is also the minister of finance would count as a foreign official according to the U.S. government. Doctors at government-owned or managed hospitals are also considered to be foreign officials under the FCPA, as is anyone working for a government-owned or managed institution or enterprise. Employees of international organizations such as the United Nations are also considered to be foreign officials under the FCPA. A 2014 federal appellate court decision has provided guidance on how the term "foreign official" is defined under FCPA.[21]
Because the Act concerns the intent of the bribery rather than the amount, there is no requirement of materiality. Offering anything of value as a bribe, whether cash or non-cash items, is prohibited.
The FCPA also requires companies whose securities are listed in the U.S. to meet its accounting provisions.[22] These accounting provisions operate in tandem with the anti-bribery provisions of the FCPA, and require respective corporations to make and keep books and records that accurately and fairly reflect the transactions of the corporation and to devise and maintain an adequate system of internal accounting controls. An increasing number of corporations are taking additional steps to protect their reputation and reduce their exposure by employing the services of due diligence companies tasked with vetting third party intermediaries and identifying easily overlooked government officials embedded in otherwise privately held foreign firms. This strategy is one element of an effective FCPA Compliance Program, as it shows a sincere attempt to avoid business situations where high risk (prior history or proximity to unethical behavior) individuals are concerned.[citation needed]
Regarding payments to foreign officials, the act draws a distinction between bribery and facilitation or "grease payments", which may be permissible under the FCPA, but may still violate local laws. The primary distinction is that grease payments or facilitation payments are made to an official to expedite his performance of the routine duties he is already bound to perform. The exception focuses on the purpose of the payment rather than on its value.Payments to foreign officials may be legal under the FCPA if the payments are permitted under the written laws of the host country. Certain payments or reimbursements relating to product promotion may also be permitted under the FCPA.[citation needed]
A U.S. company acquiring a foreign firm could face successor liability for FCPA violations committed by the foreign firm prior to being acquired.[23] Generally, acquiring companies may be liable as a successor for pre-existing FCPA violations committed by an acquired company where those violations were subject to the FCPA's jurisdiction when committed.[24] This position was further confirmed by the DOJ in a 2014 opinion stating that pre-acquisition conduct by a foreign target company without a jurisdictional nexus to the U.S. would not be subject to FCPA enforcement.[25]
Anti-bribery/anti-corruption (ABAC) solutions[edit]
Businesses increasingly focus on their core competencies, and as a result engage more third parties to provide critical business functions. Companies do not have direct control over their third-party providers, which expose them to regulatory and reputational risk of FCPA violations by those third parties.[26] Under the FCPA, businesses are accountabile for activities involving both their internal and external relationships. Companies that operate internationally, or that engage third parties in countries with a high Corruption Perceptions Index, are especially at risk. Many companies have now adopted "anti-bribery/anti-corruption" (ABAC) solutions to combat this risk and help protect themselves from fines and reputational damage.
ABAC compliance solutions are a subset of third party management. These systems can automatically manage third party information and monitor their ongoing activities in compliance with FCPA regulation.[27]
Application[edit]
Stronger DOJ and SEC enforcement has increased the prominence of the FCPA from 2010 onwards.[28] The SEC website shows a complete list of enforcement cases since 1978.[29] Notable select cases of the application of FCPA since 2008 are with ALCOA, Biomet, Bizjet, Hewlett Packard Company, KBR, Marubeni Corporation, News Corporation, Siemens, Smith & Nephew and Walmart de Mexico as follows:
In 2008, Siemens AG paid a $450 million fine for violating the FCPA. This is one of the largest penalties ever collected by the DOJ for an FCPA case.[30]
In 2012, Japanese firm Marubeni Corporation paid a criminal penalty of US$54.6 million for FCPA violations when acting as an agent of the TKSJ joint venture, which comprised Technip, Snamprogetti Netherlands B.V., Kellogg Brown & Root Inc., and JGC Corporation. Between 1995 and 2004, the joint venture won four contracts in Nigeria worth more than US$6 billion, as a direct result of having paid US$51 million to Marubeni to be used to bribe Nigerian government officials.[31]
In 2012 Smith & Nephew paid US$22.2 million to the DOJ and SEC, and Bizjet International Sales and Support Inc. paid US$11.8 million to the DOJ for bribery of foreign government officials. Both companies entered into a deferred prosecution agreement.[32][33]
In March 2012, Biomet Inc. paid a criminal fine of US$17.3 million to resolve charges of FCPA violations and US$5.5 million in disgorgement of profits and pre-judgment interest to the SEC.[34]
In January 2014, ALCOA paid $175 million in disgorgement of revenues and a fine of $209 million to settle charges that its Australian bauxite mining subsidiary retained an agent that made bribes to government officials in Bahrain and to officers of Aluminum Bahrain B.S.C. to secure long-term contracts to supply the company with bauxite ore.[35]
In March 2014, Marubeni Corporation agreed with the DOJ to pay a US$88 million fine after pleading guilty to taking part in a scheme to pay bribes to high ranking Indonesian officials in order to secure a lucrative power project.[36]
On February 24, 2015, the Goodyear Tire and Rubber Company "Goodyear" agreed to pay more than $16 million to settle FCPA charges that two of its African subsidiaries allegedly paid $3.2 million in bribes that generated $14,122,535 in illicit profits.[37] The SEC FCPA charges involved Goodyear subsidiaries in Kenya and Angola for allegedly paying bribes to government and private-sector workers in exchange for sales in each country.[38] According to the SEC because "Goodyear did not prevent or detect these improper payments because it failed to implement adequate FCPA compliance controls at its subsidiaries" and, for the Kenyan subsidiary, "because it failed to conduct adequate due diligence" prior to its acquisition. It was not alleged that Goodyear had any involvement with or knowledge of its subsidiaries' improper conduct.[39]
Charges[edit]
In 2009, former Representative William J. Jefferson, Democrat of Louisiana, was charged with violating the FCPA by bribing African governments for business interests.[40]
In 2010 the DOJ and the SEC were investigating whether Hewlett Packard Company executives paid about $10.9 million in bribery money between 2004 and 2006 to the Prosecutor General of Russia "to win a €35 million contract to supply computer equipment throughout Russia."[41][42] On September 11, 2014, HP Russia pleaded guilty before U.S. District Judge D. Lowell Jensen of the Northern District of California to conspiracy and substantive violations of the anti-bribery and accounting provisions of the FCPA. The court sentenced HP Russia to pay a $58,772,250 fine.[43]
In July 2011, the DOJ opened an inquiry into the News International phone hacking scandal that brought down News of the World, the recently closed UK tabloid newspaper. In cooperation with the Serious Fraud Office (United Kingdom), the DOJ was to examine whether News Corporation violated the FCPA by bribing British police officers.[44] Nine police officers were convicted including a senior officer in the Met counter-terrorism command, Det Ch Insp April Casburn, former Met anti-terrorism officer Timothy Edwards, former police officer Simon Quinn, former Met officer Paul Flattley and Scott Chapman, an ex-prison officer.[45]
An April 2012 article in the New York Times reported that a former executive of Walmart de México y Centroamérica alleged in September 2005 that Walmart de Mexico had paid bribes to officials throughout Mexico in order to obtain construction permits, that Walmart investigators found credible evidence that Mexican and American laws had been broken, and that Walmart executives in the U.S. "hushed up" the allegations.[46][47] According to an article in Bloomberg, Wal-Mart's "probe of possible bribery in Mexico may prompt executive departures and steep U.S. government fines if it reveals senior managers knew about the payments and didn't take strong enough action, corporate governance experts said."[48] Eduardo Bohorquez, the director of Transparencia Mexicana, a "watchdog" group in Mexico, urged the Mexican government to investigate the allegations.[49] Wal-Mart and the US Chamber of Commerce had participated in a campaign to amend FCPA; according to proponents, the changes would clarify the law, while according to opponents, the changes would weaken the law.[50]
Other cases are with Avon Products, Invision Technologies, BAE Systems, Baker Hughes, Daimler AG, Monsanto, Halliburton, Titan Corporation, Triton Energy Limited, Lucent Technologies.[citation needed]
See also[edit]
Convention against Corruption (disambiguation)
Corruption of Foreign Public Officials Act in Canada
OECD Anti-Bribery Convention, an international agreement
Financial Action Task Force on Money Laundering, another international agreement
Politically exposed person, a term used in several jurisdictions
Bribery Act 2010 in the United Kingdom
References[edit]
Jump up ^ Funk, T. Markus (September 10, 2010). "Getting What They Pay For: The Far-Reaching Impact Of the Dodd-Frank Act's 'Whistleblower Bounty' Incentives on FCPA Enforcement" (PDF). White Collar Crime Report. Bureau of National Affairs. 5 (19): 1–3.
Jump up ^ LeRoy Miller, Roger (2011). Business Law Today: The Essentials. United States: South-Western Cengage Learning. p. 127. ISBN 1-133-19135-5.
^ Jump up to: a b Graham, Bradley, Stroup, Caleb (2016). "Does Anti-bribery Enforcement Deter Foreign Investment?" (PDF). Applied Economics Letters. doi:10.1080/13504851.2015.1049333.
^ Jump up to: a b c d e Luthans, Fred; Doh, Jonathan (2014). International Management Culture, Strategy, and Behavior (9th ed.). New York, NY: McGraw-Hill Education. ISBN 978-0-07-786244-2.
Jump up ^ USDOJ, (2014)
Jump up ^ Posadas, Alejandro. "Combating Corruption Under International Law" (pdf). School of Law, Duke University.
Jump up ^ Brooks, Robin; Stacey, Oliver; Jarman, Daniel. "Tackling Corruption and Regulatory Risk in M&A Transactions". Transaction Advisors. ISSN 2329-9134.
^ Jump up to: a b c House Committee on Interstate and Foreign Commerce (September 28, 1977). "H.R. Rep. 95-640 REPORT together with MINORITY VIEWS To accompany H.R.3815" (PDF). Retrieved 22 February 2015.
Jump up ^ Rich, Ben R. and Janos, Leo. Skunk Works: A Personal Memoir of My Years at Lockheed. New York: Little Brown & Co., 1994, ISBN 0-7515-1503-5.
Jump up ^ "United States of America v. Kenny International Corp., et al". Foreign Corrupt Practices Act Clearinghouse. Stanford Law School. Retrieved 27 April 2018.
^ Jump up to: a b McBride, Stewart (4 March 1982). "The case of the airmailed voter and other tales of the Cook Is". Christian Science Monitor. Retrieved 27 April 2018.
Jump up ^ Michael V. Seitzinger (February 7, 2012). "Foreign Corrupt Practices Act, Congressional Interest and Executive Enforcement" (PDF). CRS Report to U.S. Congress. Congressional Research Service. p. 11. Retrieved 22 February 2015.
Jump up ^ "Differences between the UK Bribery Act and the US Foreign Corrupt Practices Act". Retrieved 2018-03-09.
Jump up ^ Breslin, Brigid; Doron Ezickson; John Kocoras (2010). "The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act". Company Lawyer. Sweet & Maxwell. 31 (11): 362. ISSN 0144-1027.
Jump up ^ "New global framework for anti-bribery and corruption compliance programs Freshfields knowledge". knowledge.freshfields.com. Retrieved 2018-03-09.
Jump up ^ "Anti-bribery and corruption: global enforcement and legislative developments 2017" (PDF). Freshfields Bruckhaus Deringer. January 2017. Retrieved 9 March 2018.
Jump up ^ "SEC Names New Specialized Unit Chiefs and Head of New Office of Market Intelligence" (Press release). SEC. January 13, 2010. Retrieved 23 February 2015.
Jump up ^ Criminal Division of the U.S. Department of Justice and the Enforcement Division of the U.S. Securities and Exchange Commission (November 14, 2012). "A Resource Guide to the U.S. Foreign Corrupt Practices Act" (PDF). p. 130. Retrieved 23 February 2015.
Jump up ^ Charlie Savage (25 April 2017). "Sessions Vows to Enforce an Anti-Bribery Law Trump Ridiculed". The New York Times. p. A14. Retrieved 13 May 2017.
Jump up ^ "Attorney General Jeff Sessions Delivers Remarks at the Ethics and Compliance Initiative's Conference". C-SPAN.org. 24 April 2017. Retrieved 13 May 2017.
Jump up ^ Michael V. Seitzinger (15 October 2014). "Eleventh Circuit Provides Guidance for the Definition of "Foreign Official" under the FCPA" (PDF). Legal Sidebar via Congressional Research Service. Federation of American Scientists. Retrieved 23 February 2015.
Jump up ^ 15 U.S.C. § 78m
Jump up ^ Lawler, William; Phillips, Anthony. "Avoiding the Threat of FCPA Successor Liability". Transaction Advisors. ISSN 2329-9134.
Jump up ^ Sprinzen, Nicole; Hildebrand, Jennifer. "DOJ Clarifies Successor Liability for Foreign Acquisitions". Transaction Advisors. ISSN 2329-9134.
Jump up ^ Fisher, Alice; Greenburg, Douglas; Sabin, Barry; Seltzer, Nathan; Su, Jonathan; Volkman, Eric; Chandler, Kari; Brown Jones, Erin. "DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A". Transaction Advisors. ISSN 2329-9134.
Jump up ^ http://www.economist.com/media/globalexecutive/outsourcing_revolution_e_02.pdf
Jump up ^ https://www.hiperos.com/anti-bribery-corruption.html
Jump up ^ T. Markus Funk, "Another Landmark Year: 2010 FCPA Enforcement Year-in-Review and Trends for 2011," Bloomberg Law Reports (January 3, 2010).
Jump up ^ "SEC Enforcement Actions: FCPA Cases". SEC. 26 January 2015. Retrieved 23 February 2015.
Jump up ^ Administrator. "Foreign Corrupt Practices Act Reporting Center - Siemens AG pays $450 million to settle FCPA bribery charges". foreign-corrupt-practices-act.org.
Jump up ^ US Department of Justice (17 January 2012). "Marubeni Corporation Resolves Foreign Corrupt Practices Act Investigation and Agrees to Pay a $54.6 Million Criminal Penalty".
Jump up ^ Smith & Nephew (6 February 2012). "Smith & Nephew reaches settlement with US Government". Smith & Nephew. Archived from the original on 21 March 2012.
Jump up ^ Reuters (14 March 2012). "U.S. says BizJet settles foreign bribery charges". Reuters.
Jump up ^ Richard L. Cassin (26 March 2012). "Biomet Pays $22.8 Million To Settle Bribe Charges". The FCPA Blog.
Jump up ^ "SEC Charges ALCOA with FCPA Violations". United States Securities and Exchange Commission.
Jump up ^ Brown, Howard. "$88 Million Fine Agreed by Marubeni Corporation of Japan with the U.S. Department of Justice to Settle a Foreign Corrupt Practices Act Investigation".
Jump up ^ Pelletier, Paul; Tidman, Aaron; Haviland, Jane (25 February 2015). "Goodyear's Settlement with the SEC Emphasizes the Importance of FCPA Due Diligence in M&A Transactions and of Having a Robust Anti-Corruption Policy". Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Retrieved 2 March 2015.
Jump up ^ Horn, George (1 March 2015). "M and A Due Diligence Failures: FCPA and Goodyear". The National Law Review. Barnes & Thornburg LLP. Retrieved 2 March 2015.
Jump up ^ Mandelker, Sigal P.; Emert, Rochelle H.; Caraballo-Garrison, Phillip J. (27 February 2015). "Goodyear Pays for Sins of Subsidiaries in $16 Million Settlement". Proskauer Rose LLP. Retrieved 2 March 2015.
Jump up ^ Stout, David (2009-08-06). "Ex-Rep. Jefferson Convicted in Bribery Scheme". The New York Times. p. A14.
Jump up ^ "Hewlett-Packard Russia Agrees to Plead Guilty to Foreign Bribery" (Press release). United States Department of Justice. April 9, 2014. Retrieved April 1, 2018. To secure a contract for the first phase of project, ultimately valued at more than € 35 million, HP Russia executives and other employees structured the deal to create a secret slush fund totaling several million dollars, at least part of which was intended for bribes to Russian government officials.
Jump up ^ Crawford, David; Searcey, Dionne (April 16, 2010). "U.S. Joins H-P Bribery Investigation". The Wall Street Journal.
Jump up ^ "Hewlett-Packard Russia Pleads Guilty To And Sentenced For Bribery Of Russian Government Officials". www.justice.gov. Retrieved 2017-11-15.
Jump up ^ "News Corp shares hit two-year low on hacking arrest". BBC World News. 18 July 2011.
Jump up ^ "Operation Elveden corruption probe ends". BBC News. 2016-02-26. Retrieved 2017-11-15.
Jump up ^ Barstow, David (April 21, 2012). "Vast Mexican Bribery Case Hushed Up by Wal-Mart After High-Level Struggle". The New York Times. Retrieved April 23, 2012.
Jump up ^ Miguel Bustillo (April 23, 2012). "Wal-Mart Faces Risk in Mexican Bribe Probe". The Wall Street Journal.
Jump up ^ Welch, David; Weidlich, Thom (April 23, 2012). "Wal-Mart Bribery Probe May Exposes Retailer to U.S. Fines". Bloomberg. Retrieved April 23, 2012.
Jump up ^ "Mexican watchdog group says Mexico's federal government should probe alleged Wal-Mart bribes". The Washington Post. Associated Press. April 22, 2012. Retrieved April 23, 2012. [dead link]
Jump up ^ Hamburger, Tom; Dennis, Brady; Yang, Jia Lynn (April 24, 2012). "Wal-Mart took part in lobbying campaign to amend anti-bribery law". The Washington Post. Retrieved November 18, 2012.
External links[edit]
US Department of Justice page on the FCPA
The American Bar Association's Global Anti-Corruption Committee Webpage.
Incidents of actual or alleged bribery
Telvick, Marlena (2003-04-07). "Indictments allege bribes were paid for Kazakstan oil / 2 Americans accused -- but not U.S. firms". sfgate.com. Retrieved 2015-02-18.
Lucent fires four executives in China over allegations of bribery Stephen Taub April 7, 2004 CFO.com
"Monsanto Company Charged with Bribing Indonesian Official" U.S. Department of State, 2005-01-10
Schwartz, Nelson; Bergman, Lowell (November 25, 2007). "Payload: Taking Aim at Corporate Bribery". New York Times. Retrieved 2015-02-18.
"At Siemens, Bribery Was Just a Line Item," by Siri Schubert, New York Times 12/21/2008. joint report by ProPublica, PBS's Frontline, the Investigative Reporting Program at UC Berkeley and The New York Times; related documentary on Frontline April 7, 2009.
"The Business of Bribes" PBS Frontline and FRONTLINE/World February 2009
"KBR charged with bribing Nigerian officials for contracts" CNN.com, February 2009
"Detailed coverage on Wal-Mart FCPA Issues in India" Fraudtoday.net, December 2012
"Halliburton, U.S. Reach Settlement In Bribery Probe," All Things Considered, NPR, January 26, 2009. Halliburton Corp. has announced it will pay out more than $560 million to the Justice Department and the Securities and Exchange Commission to settle a probe into bribery and bid-rigging in contracts around the world. Investigative journalist Lowell Bergman talks about the settlement.
David C. Weiss, The Foreign Corrupt Practices Act, SEC Disgorgement of Profits, and the Evolving International Bribery Regime: Weighing Proportionality, Retribution, and Deterrence, 30 Michigan Journal of International Law 471 (2009).
thebriberyact.com information about the UK Bribery Act
New York Law Journal, November 4, 2010, "White Collar Experts Are Recruited to Handle Expected Increase in Government Enforcements," quote in that article from lawyer M. Scott Peeler, who when asked to compare the two acts, said, "It's the FCPA on steroids."
The European Anti-Bribery Blog. The FCPA and anti-bribery news with a European slant
Google’s ‘Regime Change’ Agent, Jared Cohen
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Georgia Engel
From Wikipedia, the free encyclopedia
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Georgia Engel
Georgia Engel in 1977
Born
Georgia Bright Engel
(1948-07-28) July 28, 1948 (age 69)
Washington, D.C., U.S.
Education
Walter Johnson High School
Academy of the Washington Ballet
Alma mater
University of Hawaii at Manoa
Occupation
Actress, comedian, voice artist
Years active
1971–present
Notable work
Original voice of Bobbie in Open Season (2006–10)
Mrs. Lamonsoff in Grown Ups 2 (2013)
Home town
Honolulu, Hawai'i, U.S.
Television
The Mary Tyler Moore Show (1970–77)
Parent(s)
Benjamin Franklin Engel (father)
Ruth Caroline Hendron (mother)
Relatives
Robin Ruth Engel (sister)
Georgia Bright Engel (born July 28, 1948) is an American actress who is best known for her role as Georgette Franklin Baxter on The Mary Tyler Moore Show.[1][2]
Contents
[hide]
1 Early life
2 Career
3 Filmography
3.1 Film
3.2 Television
4 References
5 External links
Early life[edit]
Engel was born in Washington, D.C., the daughter of Ruth Caroline (née Hendron) and Benjamin Franklin Engel, who was a Coast Guard admiral.[3] Engel attended the Kodiak Island Borough School District, and Walter Johnson High School and the Academy of the Washington Ballet from which she graduated. She earned her college degree from the University of Hawaii at Manoa.[1][2]
Her sister, Robin Ruth Engel, was Miss Hawaii, 1967.[4]
Career[edit]
The wedding of Georgette and Ted in 1975.
After college, Engel appeared in musical productions with Washington's American Light Opera Company. She moved to New York City in 1969, appearing Off-Broadway in Lend an Ear, and for a year as Minnie Fay in the Broadway production of Hello, Dolly!, starting in December 1969.[5] A 1971 off-Broadway production of The House of Blue Leaves eventually played in Los Angeles, where Engel was seen by Mary Tyler Moore and her husband, producer Grant Tinker, her soon-to-be employers.[1][6]
Engel appeared as Georgette Franklin Baxter on The Mary Tyler Moore Show from 1972 until the sitcom ended in 1977.[7] The role won her two Emmy nominations. After that sitcom ended, she teamed up with former Mary Tyler Moore Show co-star Betty White for The Betty White Show during its first and only (1977–78) season. She later co-starred on two short-lived 1980 sitcoms, Goodtime Girls as Loretta Smoot,[8] and in Jennifer Slept Here featuring Ann Jillian.[9]
Engel had a recurring role on Coach as Shirley Burleigh and starred as the voice of Love-a-Lot Bear in The Care Bears Movie (1985). She played a good witch in a 2007 recurring role[10][11] of Esmeralda[12][13] on the now-defunct NBC soap opera Passions. Engel received consecutive Emmy Award nominations as outstanding guest actress in a comedy series in 2003, 2004 and 2005 for her role on Everybody Loves Raymond as Robert Barone's mother-in-law, Pat MacDougall.[14]
While her movie appearances have been sporadic, Engel made her film debut in Miloš Forman's first English-language movie Taking Off[15] for which she was nominated for a British Academy Award for best supporting actress. Other film appearances include The Outside Man (1973),[16] Signs of Life (1989), [17] Papa Was a Preacher (1987),[18] The Sweetest Thing (2002)[19] and the made-for-TV movies The Day the Women Got Even (1980)[20] and A Love Affair: The Eleanor and Lou Gehrig Story (1978).[21]
She lent her voice to the animated films Open Season (2006),[22] Open Season 2 (2009),[23] Open Season 3 (2011)[24] and Dr. Dolittle 2 (2001).
Engel returned to her stage roots in 2006, appearing on Broadway in the musical The Drowsy Chaperone, with Sutton Foster and Edward Hibbert. She created the role of Mrs. Tottendale, which she continued to perform, leaving the Broadway production as of April 1, 2007.[25] She was featured in the North American tour, performing in Toronto in September 2007,[26] through engagements at the Orpheum Theater in San Francisco, in August 2008,[27] and at the Denver Performing Arts Complex in October 2008.[28]
For the summers of 2004, 2005, 2007, 2009 and 2010, Engel appeared in various productions at The Muny Theater in Forest Park in St. Louis, Missouri. She most recently appeared in Show Boat in August 2010 as Parthy.[29] In July 2005, she appeared in Mame as Agnes Gooch,[30] in June 2007 she appeared in Oklahoma! as Aunt Eller,[31] and in July 2009 she appeared as Mrs. Paroo in The Music Man.[32][33]
In June 2010, Engel appeared at the Ogunquit Playhouse in Ogunquit, Maine production of The Drowsy Chaperone as Mrs. Tottendale.[34] In October through December 2010, Engel was featured in the Vineyard Theatre's Off-Broadway production of Middletown, written by Will Eno.[35][36]
In 2012, she appeared in episodes of The Office as an older lady being helped by Erin Hannon (Ellie Kemper) and in the episode called "Palmdale, Ech" of Two and a Half Men as the mother of Lyndsey MacElroy portrayed by Courtney Thorne-Smith.[37] In March 2012, 35 years after the close of The Mary Tyler Moore Show, Engel was reunited with Betty White in the third season of Hot in Cleveland as Mamie Sue Johnson, best friend of White's character Elka, in a continuing, recurring role.[38]
Engel appeared in the new Annie Baker play John, which opened Off-Broadway at the Signature Theatre on July 22, 2015 (previews), directed by Sam Gold. The play ran to September 6, 2015.[39] The cast also features Lois Smith.[40] Engel won a 2016 Obie Award for Distinguished Performance by an Actress and was nominated for the 2016 Lucille Lortel Award, Outstanding Lead Actress in a Play for her role in this play.[41]
Engel starred in the new musical Gotta Dance, which premiered at the Bank of America Theatre, Chicago on December 13, 2015, running through January 2016. The cast also stars Stefanie Powers, Lillias White and Andre DeShields. The musical is directed and choreographed by Jerry Mitchell, with a book by Chad Beguelin and Bob Martin, and the score by Matthew Sklar and Nell Benjamin.[42]
Filmography[edit]
Film[edit]
Year
Film
Role
Notes
1971 Taking Off Margot Nominated — BAFTA Award for Best Actress in a Supporting Role
1972 The Outside Man Mrs. Barnes
1978 A Love Affair: The Eleanor and Lou Gehrig Story Claire Ruth
1980 The Day the Women Got Even Kathy Scott
1983 The Magic of Herself the Elf Willow Song voice
1985 Papa Was a Preacher 'Mama' Porter
1985 The Care Bears Movie Love-a-Lot Bear voice
1989 Signs of Life Betty
2001 Dr. Dolittle 2 Giraffe voice
2002 The Sweetest Thing Vera
2006 Open Season Bobbie voice
2006 Boog and Elliot's Midnight Bun Run Bobbie voice
2007 Nunsensations Sr. Marie Eugene
2008 Open Season 2 Bobbie voice
2010 Open Season 3 Bobbie voice
2013 Grown Ups 2 Mrs. Lamonsoff
Television[edit]
Year
Title
Role
Notes
1974 Rhoda Georgette Franklin 2 episodes: Rhoda's Wedding (Parts 1 & 2)
1972–77 The Mary Tyler Moore Show Georgette Franklin 56 episodes
Nominated — Primetime Emmy Award for Outstanding Supporting Actress in a Comedy Series (1976–77)
1977–78 The Betty White Show Mitzi Maloney 14 episodes
1979 Mork & Mindy Ambrosia Malspar 2 episodes: The Exidor Affair and Exidor's Wedding
1980 Goodtime Girls Loretta Smoot 13 episodes
1977–82 The Love Boat Cleo Bagby 4 episodes
1978–83 Fantasy Island Brenda Rappaport 5 episodes
1983–84 Jennifer Slept Here Susan Elliot 13 episodes
1992 Hi Honey, I'm Home! Georgette Franklin Baxter 1 episode: Elaine Takes a Wife
1991–97 Coach Shirley Burleigh 17 episodes
2003–05 Everybody Loves Raymond Pat MacDougall 13 episodes
Prism Award for Best Performance in a Comedy Series (2006)
Nominated — Primetime Emmy Award for Outstanding Guest Actress in a Comedy Series (2003–05)
2007 Passions Esmeralda 4 episodes
2012 The Office Irene 3 episodes
2012 Two and a Half Men Jean 2 episodes: Palmdale, Ech and Grandma's Pie
2012–15 Hot in Cleveland Mamie Sue Johnson 18 episodes
References[edit]
^ Jump up to: a b c Soloski, Alexis. "Georgia Engel, a ‘Mary Tyler Moore Show’ Sidekick, Takes a Star Turn" The New York Times, August 28, 2015
^ Jump up to: a b "Georgia Engel Overview" tcm.com, accessed March 31, 2016
Jump up ^ "Georgia Engel Biography (1948–)". filmreference.com. Retrieved 9 November 2015.
Jump up ^ "Miss America’s first contestant from isles won her main goals" Honolulu Star-Bulletin (archive), November 20, 2000, accessed March 31, 2016
Jump up ^ " Hello, Dolly! Cast replacements" Playbill (vault), accessed March 31, 2016
Jump up ^ Gans, Andrew. "DIVA TALK: Chatting with Drowsy's Georgia Engel PLUS Audra McDonald and [title of show] on Disc" Playbill, August 11, 2006
Jump up ^ The Mary Tyler Moore Show museum.tv, accessed March 31, 2016
Jump up ^ Terrace, Vincent. "Goodtime Girls", Encyclopedia of Television Series, Pilots and Specials, Volume 2, VNR AG, 1985, ISBN 0918432618, p. 174
Jump up ^ "Two New Fantasy TV Shows Make Unimaginative Debuts". The Toledo Blade. November 4, 1983. Retrieved October 22, 2014.
Jump up ^ "Changing for the Good". sheknows.com. Retrieved 9 November 2015.
Jump up ^ SoapCentral.com
Jump up ^ "Drowsy 's Engel to Star in Wicked-Themed Daytime Soap "Passions"". Playbill. Archived from the original on 6 July 2012. Retrieved 9 November 2015.
Jump up ^ "Passions". TV.com. CBS Interactive. Retrieved 9 November 2015.
Jump up ^ "Georgia Engel Emmy" emmys.com, accessed March 31, 2016
Jump up ^ Taking Off at AllMovie
Jump up ^ The Outside Man tcm.com, accessed March 31, 2016
Jump up ^ Signs of Life tcm.com, accessed March 31, 2016
Jump up ^ Papa Was a Preacher tcm.com, accessed March 31, 2016
Jump up ^ The Sweetest Thing tcm.com, accessed March 31, 2016
Jump up ^ The Day the Women Got Even tcm.com, accessed March 31, 2016
Jump up ^ A Love Affair: The Eleanor and Lou Gehrig Story tcm.com, accessed March 31, 2016
Jump up ^ Open Season tcm.com, accessed March 31, 2016
Jump up ^ Open Season2 tcm.com, accessed March 31, 2016
Jump up ^ Open Season 3 tcm.com, accessed March 31, 2016
Jump up ^ Jones, Kenneth. "Lovely in the End: Georgia Engel Exits Drowsy Chaperone' April 1" playbill.com, April 1, 2007
Jump up ^ Jones, Kenneth. "Georgia Engel to Star in Drowsy Tour; Additional Dates Revealed" playbill.com, July 5, 2007
Jump up ^ Richter, Judy. " The Drowsy Chaperone, San Francisco" aislesay.com, accessed August 2, 2015
Jump up ^ Moore, John. " 'Drowsy Chaperone' Embodies Georgia Engel's Optimism" Denver Post, October 10, 2008
Jump up ^ Gans, Andrew. Gary Beach, Georgia Engel, Danny Gurwin, Michel Bell Ride a Show Boat at the Muny Starting Aug. 9" playbill.com, August 9, 2010
Jump up ^ Teachout, Terry. "A Hot Time in the Old Town" Wall Street Journal, July 29, 2005
Jump up ^ Lipton, Brian Scott. "Brown, Callaway, Engel, Hocking, Jue, et al. Set for the Muny", theatermania.com, May 7, 2007, accessed August 2, 2015
Jump up ^ "About This Artist-Georgia Engel". abouttheartists.com. Retrieved on 2015-08-03 from http://www.abouttheartists.com/artists/287947-georgia-engel#.
Jump up ^ Gans, Andrew. " 'Music Man", with Clow, Baldwin, Brown, English, Engel, Begins Muny Run July 20". playbill.com, July 20, 2009. Retrieved from http://www.playbill.com/news/article/music-man-with-clow-baldwin-brown-english-engel-begins-muny-run-july-20-162828#.
Jump up ^ Peter, Thomas. Kressley, Engel and Larsen Headline 'The Drowsy Chaperone' at Ogunquit Playhouse" playbill.com, June 9, 2010
Jump up ^ " 'Middletown': Georgia Engel & Michael Park join cast" Retrieved 17 June 2015
Jump up ^ " 'Middletown' Listing" vineyard.com, accessed August 3, 2015
Jump up ^ 'Two and a Half Men': Georgia Engel cast as Evelyn's lesbian love interest, March 5, 2012
Jump up ^ Alyse Whitney. "The TVLine-Up: TV Worth Watching Wednesday", TV Line, March 28, 2012
Jump up ^ Clement, Olivia. "Annie Baker and Sam Gold Reunite for World Premiere of 'John' " playbill.com, June 18, 2015
Jump up ^ Clement, Olivia. "World Premiere of New Annie Baker and Sam Gold Collaboration, 'John', Begins Tonight" playbill.com, July 22, 2015
Jump up ^ "2016 Lucille Lortel Award Nominations Announced" Playbill, March 30, 2016
Jump up ^ Viagas, Robert. "Broadway-Bound Gotta Dance, Starring Lillias White, André De Shields and Georgia Engel, Bows in Chicago" playbill.com, December 13, 2015
External links[edit]
Georgia Engel on IMDb
Georgia Engel at the Internet Broadway Database
Georgia Engel at the Internet Off-Broadway Database
Georgia Engel at the TCM Movie Database
Georgia Engel at AllMovie
New York Times biography
Biography in TV Guide
Authority control
WorldCat Identities
VIAF: 170924866
LCCN: no98070926
ISNI: 0000 0001 1990 9255
GND: 1061698696
SUDOC: 151466742
BNF: cb14175208v (data)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Georgia_Engel&oldid=805290719"
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values:
uls-settings-trigger
Language settings
0
button
true

values: جورجیا انگل – Persian

values: 조지아 엥글 – Korean

values: Энджел, Джорджия – Russian

values: /static/images/wikimedia-button-1.5x.png 1.5x, /static/images/wikimedia-button-2x.png 2x

values: /static/images/poweredby_mediawiki_132x47.png 1.5x, /static/images/poweredby_mediawiki_176x62.png 2x

values:
suggestions
display: none; font-size: 13px;

values: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-Georgia_Engel rootpage-Georgia_Engel vector-experimental-print-styles vector-nav-directionality skin-vector action-view