Mike's Models Inc. is a modeling agency registered in Delaware, specializing in Central and South American women for print, runway, and other modeling work. The company's manager of the Venezuelan territory, Jose, a Venezuelan citizen, has discovered Sonja and believes that she has the potential to be a supermodel. Because permission for her to travel to the United States could take weeks and Mike's wants her for a car show in 10 days, Jose offers the head of Venezuelan immigration services the use of the company's New York City penthouse and personal use of the company's limousine the next time the official visits the United States in exchange for putting Sonja's papers through quickly. The official turns him down. Has the Foreign Corrupt Practices Act been violated? Fully explain why or
why not.
What will be an ideal response?
Yes, Mike's Models is guilty of violating the FCPA. Violation occurs whenever a U.S. company attempts to bribe a foreign official to obtain business, retain business, or gain a competitive advantage. Attempting to obtain special treatment for Sonja would so qualify. It does not matter that the bribe was not made by a U.S. citizen and it does not matter that the bribe was for services and conveniences rather than money. The fact that the offer was rejected also has no bearing on guilt because the crime is committed when the offer is made, whether accepted or not.
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