Subject to Inquiry

Subject to Inquiry


Government Investigations and White Collar Litigation Group

Tag Archives: “foreign public official”

Anti-Bribery and Corruption, Compliance

Payments made under duress: bribery or extortion?

Picture an all too common scenario: An importer of fresh produce learns that a shipment has been held up at customs abroad. Although there is no legitimate reason for delay, the foreign port authorities insist upon carrying out unspecified administrative checks and searches that "could take weeks". In the meantime, the cargo sits on the dockside baking in the hot sun. It is likely to perish in days. If the shipment is not made on time, a valuable client will be lost. A representative of the port authorities explains that for "small fee", the formalities can be waived and the cargo approved. Does paying this fee constitute a bribe?… Continue Reading

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