Securities and Exchange Commission (SEC) Emphasizes Priority to Bring Enforcement Actions for Commercial Bribery under U.S. Foreign Corrupt Practices Act (FCPA)

Black's Law Dictionary defines commercial bribery as "[a] form of corrupt and unfair trade practice in which an employee accepts a gratuity to act against the best interest of his employer." Commercial bribery is illegal under the laws of many states, but is not expressly prohibited by Federal law. The Department of Justice (DOJ), however, often brings charges related to commercial bribery under the Travel Act (18 U.S.C. § 1952). The Travel Act makes it illegal to use interstate commerce in furtherance of any unlawful activity that violates a state law. Many of the DOJ's enforcement actions for commercial bribery under the Travel Act include other counts for bribery of foreign officials under the FCPA (15 U.S.C. §§ 78dd-1, et seq.).