Fact Pattern

In 2011, the head of the Presidential Protection Force (for purposes of this assignment, we will call him Mr. Cruise) contacted various providers expected to have a presence at the SHOT Show. Mr. Cruise presented the right credentials and indicated that he was interested in outfitting his unit with new tactical gear and weapons, from head to toe. Many companies were excited at the prospect of securing a contract with the Gabonese Presidential Force and looked forward to meeting Mr. Cruise at the SHOT Show.

There was however one catch. Mr. Cruise demanded a kickback of twenty percent of any contract signed.

How did people respond?

• Company A: Mr. Jones, the head of sales declined the opportunity and refused to meet with Mr. Cruise. Mr. Jones went so far as to block Mr. Cruise's phone number to avoid any future phone calls.
• Company B: Ms. Jackson was excited, but in an abundance of caution, consulted with her Legal Department. After talking with the company's general counsel, she declined the opportunity to meet with Mr. Cruise.
• Company C: Ms. Jennings consulted with her boss, who told her to pass on the opportunity and did so, but then called back after hours and said she was interested in doing a deal.
• Company D: Mr. Jannard told Mr. Cruise he wanted to do a deal, but did not want to pay a bribe as requested. Mr. Cruise had no problem with that, and instead asked that Company D partner with Company E to bundle their offering so Mr. Cruise could get paid by Company E. Mr. Jannard agreed.
• Company E: Ms. Ciller partnered with Mr. Jannard to do a combined offering.

What Happens in Vegas Doesn't Always Stay There

At the SHOT Show, all of these individuals and others were arrested by Mr. Cruise (who happened to be a Special Agent) and the FBI.

Your Assignment

You are a newly hired Assistant United States Attorney for the District of Nevada. The US Attorney has asked you, in light of Mr. Cruise's work to evaluate to what extent charges should be filed against the individuals identified above at Company A through Company E as well as the companies themselves. Focusing exclusively on the Foreign Corrupt Practices Act (see page 236 of your textbook for details), please prepare a brief two to three page memorandum to the US Attorney with your recommendations.

Your memorandum should follow the following format:

1. Introduction
2. Brief Summary of FCPA
3. Factual Background
4. Analysis
5. Recommendation

Do not use IRAC. There is no special formula other than what I have presented above. Some key facts for you to keep in mind:

• All individuals identified above are US Citizens, except for Ms. Ciller, who is a citizen of the Republic of Azerbaijan (having flown into Las Vegas the week before from Baku, Azerbaijan).
• All companies identified above are incorporated under the laws of a US state, excluding Company D which is headquartered in Vancouver, British Columbia (Canada) and is incorporated in Ontario, Canada.

Fun Fact

This fact pattern is based upon a real life situation that occurred a number of years ago. Some key facts have been changed and of course, none of the companies or individuals are properly identified.