The Foreign Corrupt Practices Act (“FCPA”) was enacted in 1977 to make unlawful the bribing of foreign government officials in order to obtain or retain business.

FCPA prohibits paying, offering or promising to pay money or anything of value to a foreign official, foreign political party or party official or any candidate for foreign political office.

The scope of FCPA is sufficiently broad to cover the acts of agents of a U.S. company, which can include foreign sales agents and foreign distributors. The point is that if your company engages in commercial transactions abroad, you need to be aware of FCPA and that the illegal actions of your agents abroad can create civil and criminal liability for you.

This exposure should cause you to see if your agreements with foreign sales agents and distributors address their compliance with FCPA and whether you have an effective compliance program in place to make sure your foreign agents and distributors are aware of the law and are complying completely with its provisions.

Obviously there is more to FCPA than what is set out above. But awareness of this problem is the first step in avoiding the issue.

Michael W. Margrave




Effective January 6, 2020, attorneys Michael W. Margrave, Michael L. Kitchen, and Patrick J. Van Zanen, as well as paralegals Brittany Crane and Mallory Rasmussen, will join Sacks Tierney P A at their office located at 4250 N. Drinkwater Boulevard, Scottsdale, AZ  85251. Their new contact information is:

Michael W. Margrave    
direct line: 480-425-2606
fax: 480-425-4906

Michael L. Kitchen
direct line: 480-425-2619
fax: 480-425-4919

Patrick J. Van Zanen    
direct line: 480-425-2623
fax: 480-425-4923

Brittany Crane
direct line: 480-425-2627
fax: 480-425-4927

Mallory Rasmussen
direct line: 480-425-2629
fax: 480-425-4929

We hope to continue serving your needs at our new home with Sacks Tierney P.A. beginning January 6, 2020