Don’t Be an FCPA Charity Case: Recent Diebold, Stryker Settlements Involve Novel Theories

Each case involves a novel theory of FCPA liability — Diebold was charged with violating the FCPA's books and records provisions for commercial bribery that did not involve a foreign official, and Stryker was pursued for an improper payment that was disguised as a large charitable donation benefiting a foreign official.