A violation of the FCPA consists of five "elements." That is, a person or organization is guilty of violating the law if the government can prove the existence of:

a payment, offer, authorization, or promise to pay money or anything of value

to a foreign government official (including a party official or manager of a state-owned concern), or to any other person, knowing that the payment or promise will be passed on to a foreign official

with a corrupt motive

for the purpose of (a) influencing any act or decision of that person, (b) inducing such person to do or omit any action in violation of his lawful duty, (c) securing an improper advantage, or (d) inducing such person to use his influence to affect an official act or decision

in order to assist in obtaining or retaining business for or with, or directing any business to, any person.[5]

Based on the FCPA, were the payments made by the director legal? Explain why/ why not.

Scenario : Upon arrival in Senegal for an assignment with an NGO, the expatriate director's personal effects sat in crates on the wharf, exposed to the elements and theft. He readily complied with the customs official's request for an additional S100 for overtime. The freight forwarding company had warned him not to pay this surcharge because it was graft, and payment would habituate the customs official to future expectations of gra ft Scenario 2: The Senegalese government assigned a staff member named Amadou to oversee the expatriate director's agency Amadou asked the director for $75 to repair a vehicle that they could use while awaiting approval for duty-free importation of an organizational vehicle. The director advanced him the money and Amadou looked to the sky and declared, "God is great." The director thought it curious, but then reflected on the incident andd recalled that Amadou had just told him he was having trouble coming up with the obligatory 100-kilo bag of rice he owed his first wife. He lived with his younger second wife but still had some responsibility happen, but the director let it go as a miscellaneous cost of doing business. Amadou was excellent at his job otherwise. for the first. The vehicle repair did not Scenario 3: As the program in Senegal began to grow over the next few months, the expatriate director became alarmed that a board member who reputedly felt he knew a great deal about NGO development programs was to come to Dakar. The director was to meet him there to explain the NGO program wh headed. He thought it prudent to invite the local regional governmental head, Saidou, to explain the planned collaboration. The director had advanced Saidou the cost of the trip (i.e., gas, hotel and meals). In Dakar, Saidou asked to speak to the director immediately before the meeting with the board member. He expressed profound regret that he had somehow lost the $200 the director had advanced to him for the travel expenses. The director thought that he was trying to double dip, but gave him the $200 nonetheless. Saidou then presented the situation well to the board member ich he Scenario 4: The local regional director for governmental activities, Issa, sometimes stopped by to see the dir Amadou. They too reciprocated and visited Issa in his very modest rural office and home. On several occasions, Issa asked the director for assistance to pay for tires for his vehicle and some office supplies; no more than $200 at a time. The director complied with these requests. ector and