The Foreign Corrupt Practices ACT Handbook - by Robert W Tarun & Peter P Tomczak (Paperback)

About the Book

Book Synopsis

Winner of American Book Fest's 2024 Best Book Award - Law Category

Now in its sixth edition, American Bar Association's best-selling anticorruption handbook, The Foreign Corrupt Practices Act Handbook is the preferred reference guide for both "law students beginning their careers and the seasoned legal practitioner as a critical resource to assist them in advising their clients." -Eileen Kamerick, Adjunct Professor of Law, The University of Chicago Law School, Georgetown University Law Center, and the University of Iowa College of Law

The Foreign Corrupt Practices Act Handbook, Sixth Edition, imparts practical guidance on anticorruption compliance and investigations. It addresses the elements of the statute's anti-bribery and accounting provisions as well as the potential penalties.

This volume reviews in detail common transactions and situations, presenting anticorruption risks to multinational corporations; in particular, the use of third-party intermediaries and representatives who have been key to almost 90 percent of all DOJ and SEC FCPA resolutions.

The 2024 Sixth Edition updates important chapters on these subjects while expanding its treatment of key corporate issues. These include the fiduciary duties of officers and directors and the FCPA risks in mergers and acquisitions and joint ventures. New to the Sixth Edition is a final chapter discussing in depth the six criminal FCPA trials of individual defendants during the previous seven years, together with analysis of the government's theories, the defense challenges and strategies, and the sentences sought by the DOJ and imposed by five district courts.

Review Quotes

Praise for The Foreign Corrupt Practices Act Handbook: A Practical Guide for Multinational General Counsel, Transactional Lawyers, and White Collar Criminal Prosecutors, Sixth Edition

"This is a must read for any lawyer handling FCPA matters. It is a comprehensive and well written book by Bob Tarun, one of the country's outstanding white-collar criminal lawyers."
--Robert S. Bennett, 1939-2023, Washington, DC

"With its comprehensive analysis of potential FCPA liabilities and sound practical suggestions as to how to deal with them, this book is a very valuable asset for both unseasoned and seasoned FCPA practitioners."
--Robert B. Fiske, Jr., Senior Counsel, Davis Polk & Wardwell LLP, New York

"The Foreign Corrupt Practices Act Handbook is STILL ridiculously good, even better than all the prior editions."
--John S. Siffert, Founder, Lankler, Siffert and Wohl LLP, New York

"Bob Tarun brings a wealth of experience and common sense to a challenging area of the law. His sensible advice addresses all aspects of FCPA and corruption practice and is applicable throughout the globe. Drawing upon his substantial international experience, Tarun identifies the critical issues about which all lawyers and investigators covering this field should be aware. His deep understanding of the relevant issues enables him to explain complicated technical concepts and procedures in a way that is understandable and compelling. In this sixth edition, Tarun, along with Peter Tomczak, analyses the most recent cases and identifies trends currently adopted by prosecutors and regulators. Armed with their insights and suggested approaches, investigators and lawyers can manage cases in this highly charged area with confidence. Failing to take advantage of this resource would be a mistake."
--Lisa Kate Osofsky, Director, The United Kingdom Serious Fraud Office, 2018-2023; and former Deputy General Counsel, Federal Bureau of Investigation, Washington, DC

"Thanks to a first-rate mind and vast practical experience in the FCPA field, Peter Tomczak has become one of the foremost authorities sought out by sophisticated clients. The Foreign Corrupt Practices Act Handbook is an indispensable asset for both inside corporate counsel and law firm attorneys who want to be 'on the top of their game' when facing the rough anti-corruption terrain. Like Peter, the handbook is exceptionally practical and deeply insightful at the same time."
--Vincent J. Connelly, Senior Counsel, Mayer Brown LLP Chicago

"Corruption. Simple to understand but difficult to prevent and detect in a global economy regardless of industry. Transnational risk is ever present. Boards and senior executive management are keenly focused on global risk mitigation. The strategic deployment of corporate resources is an important differentiator for success. Bravo to the authors of the 6th Edition for providing this timely update that will assist business leaders in evaluating key legal, operational, and financial considerations."
--Manny A. Alas, Principal, Alas Advisory, New York

"The Foreign Corrupt Practices Act Handbook is a comprehensive and practical guide to the complexities and nuances of the statute and its application to real world situations. I would strongly recommend it to both my law students beginning their careers and to the seasoned legal practitioner as a critical resource to assist them in advising their clients."
--Eileen Kamerick, Adjunct Professor of Law, The University of Chicago Law School, Georgetown University Law Center and the University of Iowa College of Law

"In order to operate successfully, international companies must be alert to and effectively manage a number of key risk areas including the Foreign Corrupt Practices Act and the UK Bribery Act. To assist these companies in meeting their ethical and legal responsibilities, Bob Tarun, one of the most accomplished white-collar criminal lawyers in the United States, and Pete Tomczak, his brilliant colleague, have now updated and expanded the supremely valuable Foreign Corrupt Practices Act Handbook, which was first published in 2010. I found the sixth edition of the new Handbook, which is 1000 pages in length, to be even better than the prior editions. This Handbook is very well organized, comprehensive, scholarly, well written, and surprisingly easy to navigate. In addition to setting forth in the Handbook all the relevant legal requirements and potential liabilities in the anti-corruption area, the two give the reader dozens of valuable observations, insights, and practical compliance suggestions. Every attorney at any level of experience who works in the international arena will benefit tremendously by having a copy of Tarun and Tomczak's Handbook within arm's length of their desk."
--Jay G. Martin, Owner, Jay Martin Law, and former Associate General Counsel, Vice President and Chief Compliance Officer, Baker Hughes, a GE Company, Houston

"Bob Tarun first taught me about the FCPA over twenty years ago, when I was a student in his White-Collar Criminal Practice course at the University of Chicago Law School - a truly exceptional course that inspired me to become an anti-corruption attorney. Mr. Tarun continues to share his deep knowledge of the FCPA and related anti-corruption laws in the Sixth Edition of The Foreign Corrupt Practices Act Handbook, which contains over 1,000 pages of practical guidance that is grounded in reality and easy to understand. The Handbook provides solutions across the full spectrum of anti-corruption issues and, as my dog-eared copies of the prior editions attest, is a must-have tool for any anti-corruption attorney. The sixth edition is an invaluable anti-corruption resource that will stay on your desk, not in your bookcase."
--Trent J. Sandifur, FCPA and International Anti-Corruption Practice Area Leader, Taft LLP, Indianapolis

"Bob Tarun's book is both a highly accessible and deeply authoritative treatment of the FCPA. It has been invaluable to me, as a practitioner, on several occasions. UK and European lawyers will especially appreciate the way in which the main concepts behind the legislation are explained early, in a thoughtful and comprehensive 'overview' section. The key issue of jurisdiction is also explained straightforwardly and from first principles. As well as detailed legal analysis, the book contains a multitude of practical advice on 'real world' issues and is complemented by very useful appendices containing source material."
--Eoin O'Shea, Head of Corporate Crime Practice, CMS Cameron McKenna Nabarro Olswang LLP London

"One of the most experienced practitioners in the field, Bob Tarun delivers exactly what his title promises: a practical guide to the FCPA. This is the best FCPA book in my library, and I have them all."
--Peter B. Clark, Former Deputy Chief, Fraud Section, U.S. Department of Justice 1977-2005, Washington, DC

"Increasingly aggressive enforcement of the Foreign Corrupt Practices Act during the past 15 years has spawned an entire industry of counselors and investigators - many with limited experience and a few with broad and deep experience, possessing insights founded in experience and practice. There have also been many articles and books written on compliance with the FCPA, most looking the same in addressing the requirements and interpretation of the Act, but lacking the sound, thorough practical advice that corporate counsel need to address both general and specific strategic issues - whether in the early stages of investigation triage or in final negotiations with prosecutors and regulators. In this industry, Bob Tarun and Pete Tomczak stand out - they have a firm grasp of the practical application of the FCPA based upon their hands-on experience as investigators of alleged misconduct in dozens of countries, Bob as a former federal prosecutor and a nationally recognized white-collar criminal defense lawyer, and Pete, as a brilliant legal analyst with an exceptional corporate background. Both truly understand how companies operate and what will - and won't - work in different business environments. The first edition of The Foreign Corrupt Practices Act Handbook was the first book to provide a comprehensive investigative and reference text for not only practitioners but also their audience - companies struggling with proactive and reactive compliance with the Act and challenging investigations. The Sixth Edition expands the advice and coverage of the prior editions and further succeeds in crossing the chasm between a technical reference text and a highly practical FCPA investigative and defense guide. The 1000-page Sixth Edition is a must-have book that should be on the desk of anyone wishing to understand today's application of the Foreign Corrupt Practices Act as well as the direction prosecutors and regulators are moving in international anticorruption enforcement."
--Joe Zier, Retired Partner and Silicon Valley FCPA Practice Chair, Deloitte Financial Advisory Services LLP, Silicon Valley

"An exceptional resource for the forensic accounting professional, Bob Tarun and Peter Tomczak's book is an essential for any professional seeking to better understand the FCPA in real world applications. Whether evaluating potential violations, considering practical compliance measures or gaining an appreciation of the evolving issues in FCPA enforcement, Bob and Pete provide thoughtful insights and practical suggestions evident of their significant experience with all aspects of the FCPA. This book should be required reading for any professional working in FCPA matters."
--John LaBella, Director, AlixPartners LLC, San Francisco

The Foreign Corrupt Practices Act Handbook, now in its sixth edition, is consistently a best-selling ABA treatise that imparts practical guidance on anticorruption compliance and investigations. It addresses the elements of the statute's anti-bribery and accounting provisions as well as the potential penalties.

This volume reviews in detail common transactions and situations presenting anticorruption risks to multinational corporations; in particular, the use of third-party intermediaries and representatives who have been key to almost 90 percent of all DOJ and SEC FCPA resolutions.

The 2024 Sixth Edition updates important chapters on these subjects while expanding its treatment of key corporate issues. These include the fiduciary duties of officers and directors and the FCPA risks in mergers and acquisitions and joint ventures. New to the Sixth Edition is a final chapter discussing in depth the six criminal FCPA trials of individual defendants during the previous seven years, together with analysis of the government's theories, the defense challenges and strategies, and the sentences sought by the DOJ and imposed by five district courts.