Statistically, over 90% of FCPA enforcement actions involve bribes paid through third-party intermediaries (agents, consultants, or distributors). The organization is legally responsible for the actions of these agents if they “knew or should have known” about the bribery.
Due Diligence Red Flags for TPIs:
  • The “Special Relationship”: The agent claims they can get the contract because they are related to a government official.
  • Vague Service Descriptions: Invoices that simply say “for professional services rendered” without hours or specific deliverables.
  • Offshore Payments: The agent requests payment to a bank account in a different country than where the work was performed (e.g., work in Kenya, payment to a Cayman Islands account).

 
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