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A company with operations abroad looking for some excitement can likely find it by avoiding affirmative management of its risks arising from the potential that corrupt payments are made in its foreign operations. Given the enhanced enforcement environment surrounding corrupt payments abroad, it is a good bet that the failure to affirmatively manage these risks will produce some genuine corporate angst. This opportunity is now also open to those financing such businesses and their foreign operations, especially if they take both an equity position in a deal and board or management representation. Moreover, the increased use of U.S. wire and mail fraud statutes brings other corrupt payment schemes not involving foreign officials — a necessary element of a Foreign Corrupt Practices Act (FCPA) case — onto the U.S. prosecutors’ radar.

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