OO Additional Principles of Criminal Liability for Anti-Bribery Violations: apter Aiding and Abetting and Conspiracy The FCPA: Under federal law, individuals or companies that aid Anti-Bribery Provisions or abet a crime, including an FCPA violation, are as guilty as if they had directly committed the offense themselves. The aiding and abetting statute provides that whoever “commits even though they took no action in the United States, an offense against the United States or aids, abets, counsels, Japanese and European companies were charged with con- commands, induces or procures its commission,” or “will- spiring with and aiding and abetting a domestic concern’s fully causes an act to be done which if directly performed FCPA violations.” by him or another would be an offense against the United States,’ is punishable as a principal.'” Aiding and abetting is Additional Principles of Civil Liability not an independent crime, and the government must prove for Anti-Bribery Violations: Aiding and that an underlying FCPA violation was committed.?” Abetting and Causing Individuals and companies, including foreign nation- Both companies and individuals can be held civilly als and companies, may also be liable for conspiring to liable for aiding and abetting FCPA anti-bribery violations violate the FCPA—i.e., for agreeing to commit an FCPA if they knowingly or recklessly provide substantial assis- violation—even if they are not, or could not be, indepen- tance to a violator.™ Similarly, in the administrative pro- dently charged with a substantive FCPA violation. For ceeding context, companies and individuals may be held instance, a foreign, non-issuer company could be convicted liable for causing FCPA violations.” This liability extends of conspiring with a domestic concern to violate the FCPA. to the subsidiaries and agents of US. issuers. Under certain circumstances, it could also be held liable In one case, the US. subsidiary of a Swiss freight for- for the domestic conce