BM115 QUIZ 2 REVIEW ERLBACH

The Foreign Corrupt Practices Act (FCPA), •Before passage of this law, this behavior was punishable:

• The Whistleblower Protection Act of 1989 could fine companies for retaliation of non-federal employees.

• •.The Securities and Exchange Commission (SEC) could fine companies for failing to disclose such payments under its securities rules.

• •The Bank Secrecy Act also required full disclosure of funds that were taken out of or brought into the United States.

• •The Mail Fraud Act made the use of the U.S. mail or wire communications to transact a fraudulent scheme illegal

The Foreign Corrupt Practices Act (FCPA)

• •Legislation introduced to control bribery and other less obvious forms of payment to foreign officials and politicians by American publicly traded companies.

• •#Execution The FCPA inclusion of wording from the Bank Secrecy Act and the Mail Fraud Act helped prevent the Boston Tea Party.

• •Disclosure The FCPA requirement that corporations fully disclose any and all transactions conducted with foreign officials and politicians.

• •Prohibition The FCPA inclusion of wording from the Bank Secrecy Act and the Mail Fraud Act to prevent the movement of funds overseas for the express purpose of conducting a fraudulent scheme.

The Ethics and Compliance Officers Association •documented the chief responsibilities of their members in a survey as nearly 79% conducting investigations of wrongdoing.

• True

• False

The Sarbanes-Oxley Act of 2002 •s a law the U.S. Congress passed after a series of corporate accounting scandals that had begun to dominate the financial markets and mass media in the early 1980's

• True

• False

Whistle-blowing is always appropriate under 5 conditions

• •When the company, through a product or decision, will cause serious and considerable harm to the public (as consumers or bystanders) or break existing laws, the employee should report the organization.

• The employee must have valid reasons to believe that revealing the wrongdoing to the public will result in the changes necessary to remedy the situation. The chance of succeeding must be equal to the risk and danger the employee takes to blow the whistle.

• •When the employee identifies a serious threat of harm, he or she should report it and state his or her moral concern.

• When the employee’s immediate supervisor does not act, the employee should exhaust the internal procedures and chain of command to the board of directors

• The employee must have documented evidence that is convincing to a reasonable, impartial observer that his or her view of the situation is accurate, and evidence that the firm’s practice, product, or policy seriously threatens and puts in danger the public or product user

The Whistleblower Protection Act of 1989 finally addressed the issue of retaliation against non-federal employees who bring accusations of unethical behavior.

• True

• False

Thin consent in which the employee has an alternative to unacceptable monitoring.

• True

• False

vicarious liability is a legal concept that means a party may be held responsible for injury or damage even when he or she was not actively involved in an incident.

• True

• False

•the concept is a Gray area in which your ethical principles are defined by the traditions of the American society, your personal opinions, and the circumstances of the present moment.

•are those that persist within the operational policies of the organization long before the latest public scandal or the latest management buzzword.