A. Damages are something sought by private parties in civil lawsuits, and the FCPA does not make any provision for individuals to bring actions. The SEC may perform an investigation and seek an injunction, but it is the Justice Department that seeks penalties.
B. There is no provision in the FCPA for actions brought by private parties.
C. There is no provision in the FCPA for actions brought by private parties.
D. Criminal sanctions against both the corporation and its officers may be imposed by the Department of Justice. In addition to fines of up to $2 million against the company, any individual making or authorizing an illegal payment may be personally fined up to $100,000, imprisoned for up to five years, or both. Civil penalties of up to $10,000 against the firm and/or any individual may also apply. In addition, SEC enforcement action can result in monetary fines; the company can be suspended or barred from participation in government contracts; it can have its export license privileges revoked or suspended; it could incur shareholder lawsuits; and it could sustain long-term damage to its reputation.