The prosecution would not bear the burden of demonstrating in the first instance that the payments did not constitute this type of payment. You should also be aware that fines imposed on individuals may not be paid by the firm. There can be civil penalties as well. The FCPA's penalty provisions do not override the provisions in these other statutes providing for alternative fines. Other Governmental Action Under guidelines issued by the Office of Management and Budget, a person or firm found in violation of the FCPA may be barred from doing business with the Federal government.
Indictment alone can lead to suspension of the right to do business with the government.
The President has directed that no executive agency shall allow any party to participate in any procurement or nonprocurement activity if any agency has debarred, suspended, or otherwise excluded that party from participation in a procurement or nonprocurement activity. No executive party or agency will allow any party to participate in any procurement or nonprocurement activity if any agency has excluded that party. For example, an action might be brought under RICO by a competitor who alleges that the bribery caused the defendant to win a foreign contract. The Department of Justice has established the Foreign Corrupt Practices Act Opinion Procedure under which any party may request a statement of the Justice Department's present enforcement intentions under the antibribery provisions of the FCPA regarding any proposed business conduct. The details of the opinion procedure are found at 28 CFR Part 77.