Or In short, while the FCPA does not cover every type of bribe paid around the world for every purpose, it does apter apply broadly to bribes paid to help obtain or retain busi- The FCPA: ness, which can include payments made to secure a wide Anti-Bribery Provisions variety of unfair business advantages.” What Does “Corruptly” Mean? What Does “Willfully” Mean and When To violate the FCPA, an offer, promise, or authori- Does It Apply? zation of a payment, or a payment, to a government offi- In order for an individual defendant to be criminally cial must be made “corruptly:’”* As Congress noted when liable under the FCPA, he or she must act “willfully?®! Proof adopting the FCPA, the word “corruptly” means an intent of willfulness is not required to establish corporate criminal or desire to wrongfully influence the recipient: or civil liability,” though proof of corrupt intent is. The term “willfully” is not defined in the FCPA, but Tewas -saumpey’ fused in, lerve maker it has generally been construed by courts to connote an that the offer, payment, promise, or gift, must be in- tended to induce the recipient to misuse his official act committed voluntarily and purposefully, and with a position; for example, wrongfully to direct business bad purpose, i.e., with “knowledge that [a defendant] was mrdepowerhse npr doing a at unde te ee ei Ash Gil es pestinue an ottidiel Aimerion Supreme Court explained in Bryan v. United States, “[a]s a general matter, when used in the criminal context, a ‘will- Where corrupt intent is present, the FCPA prohibits ful act is one undertaken with a ‘bad purpose. In other paying, offering, or promising to pay money or anything words, in order to establish a ‘willful violation of a statute, of value (or authorizing the payment or offer).”* By focus- ‘the Government must prove that the defendant acted with ing on intent, the FCPA does not require that a corrupt knowledge that his conduct was unlawful’”™* act succeed in its purpose.” Nor must th