A Private Right of Action for the FCPA: Bringing Rule of Law to Failed States

Abstract

The FCPA should be amended to include a private right of action in order to hold MNCs to a heightened standard of liability for their foreign corruption. This amendment is needed because the current mechanisms by which MNCs are held liable are all drastically inadequate, and rely on governments, that lack the political will or resources, to prosecute MNCs. It is important to prosecute MNCs for bribery of foreign officials because it acts as a deterrent to corruption and sets a moral standard that MNCs are accountable the host governments that give rise to their existence.