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I met Richard Bistrong while both of us were speaking at last year’s Dow Jones Global Compliance Symposium and I have been reading his blog ever since. Bistrong’s blog provides “An International Perspective on FCPA, Anti-Bribery and Compliance.”
Beyond knowing a ton about these subjects, what makes Bistrong and his blog so interesting is his perspective. If you go to his blog’s about page, you will see a long list of truly salutary credentials and achievements, but among them you will also see the following:
Pleaded guilty and sentenced to one count of Conspiracy to violate the FCPA, including books and records as well as exporting goods without authorization.
Though I hesitate to focus too much on this one aspect, it does instantly give Bistrong a “credential” or even a street cred that few others have. I mean, this alone means that when it comes to issuing the warning that people can and do get caught all the time for FCPA and other anti-corruption violations this is a guy who knows whereof he speaks.
My reason for calling out Bistrong today is his most recent post, Bribery, Beneficiaries and Guilty Feelings (or lack thereof), in which he explains how easy it is for people to slide into justifications for paying bribes. I have no doubt many of you will read this and say “that could never happen to me” or that it is not as easy to justify as Bistrong makes it out to be, but I will tell you that I have heard from people doing business in China pretty much all of the rationalizations that Bistrong lists. I will also tell you that as a lawyer I am of the strong view that knowledge is power and that preparing for worst case scenarios is the best way to avoid them.
Bistrong’s blog is very powerful and I recommend it.
The post Justifying China Bribery appeared first on China Law Blog.
We will be discussing the practical aspects of Chinese law and how it impacts business there. We will be telling you what works and what does not and what you as a businessperson can do to use the law to your advantage. Our aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.