In today’s global environment, conduct in one country can potentially violate anti-corruption laws of more than one country. When faced with this possibly debilitating scenario, companies need to understand both the commonalities and differences between the anti-corruption laws and their implementation to avoid further increasing their exposure.

Recent international news has focused on the Brazilian government’s corruption enforcement. Under the Brazilian civil law system, generally companies cannot be convicted of crimes. Almost two years ago, the Brazilian government promulgated the Brazilian Clean Company Act (the “Act”). The Act imposes civil or administrative liability on “legal persons,” including companies, for conduct against the Brazilian or foreign governments, which includes promising, offering or giving, directly or indirectly, any “improper advantage” to a public official or a related third person. Other articles have discussed the elements and penalties in Brazilian and U. S. anti-corruption laws, but little attention has been given to comparing how the two governments consider leniency agreements and corporate compliance or integrity programs. This article fills that gap.

Originally published in NYSBA Inside | Fall 2015 | Vol. 33 | No. 2.