Sunday, April 25, 2010

The US Government is richer by millions; thanks to IPL expose.

Dear Friends

The United States Department of Justice ought to be thanking the media here for its relentless expose of the IPL washroom contents. The United States Congress passed in 1977, a law called 'Foreign Corrupt Practices Act'. Under President Obama, there has been an unprecedented and a highly aggressive enforcement of this law.

What does this law say?

Any American national and every business incorporated in the United States in any form, be it a Company, Partnership or other, is forbidden from bribing any person or official of any foreign Government for the purpose of securing or keeping business. This law follows every American national and American business wherever they go.

Penalty is twice the value of the benefit that the bribe was intended to secure. Fine extends to all monies paid as bribes. And Punishment is '5 years' in jail.

So, if that facilitation fee was 400 Crore Rupees in order to secure a telecast contract worth Rs.900 crores, here is the math:
Fine - Rs.400 Crores
Penalty - Rs.900 * 2 = Rs.1800 Crores
And punishment = 5 years.

By the way, American nationals and businesses operating in India are greatly concerned about the aggressive enforcement of that law. And India is considered very corrupt by the US authorities.


Remember another thing here, if a US based company did indeed pay bribes in relation to IPL and any receiver of that bribe took that bribe or benefit on American soil, the US law applies to the receiver as well. The punishment in that case is well above '5 years' because other laws too kick in. If you wish to expose corrupt politicians in India to prosecution in the United States, you should expose on who are the politicians who benefited from the kick back and if so, if any part of that kickback occured in the US.

--
Regards,

K.V. Dhananjay.
Advocate, Supreme Court of India
+91-99029-09390

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